On The Reliance Interest In Contract Damages

In order to protection for trust-relationship between contracting parties, countries both in the Civil Law System and Common Law System all establish the reliance interest system. the Civil Law System established the theory culpa in contrahendo. Meanwhile, countries in the Common Law System revision the doctrine of consideration. Our country inheritance the tradition of the Civil Law System, also established the theory culpa in contrahendo in the Contract Law to protect trust-relationship between the parties.In our country, existing theory thought the compensation of the reliance interest is established on the theory culpa in contrahendo, reliance interest and performance interest respective independence exists, by the culpa in contrahendo and the liability for breach of contract separately stipulated. But, in take pursues the contract essence justly as value guidance today, we can discover such system design has the flaw in our country. If"protect special trust-relationship, realize parties'substantive justice"is our legislate core value, only depend on the theory culpa in contrahendo is not enough.To realize parties'substantive justice, this paper by"protect special trust-relationship between parties, and this special trust-relationship manifests in the law is reliance interest"in order to discuss various questions the logical beginning, propose that we should expansion reliance interest applicable scope, the reliance interest not only is suitable to the contract concludes a treaty the stage, also is suitable the contract to fulfill the stage, even completes after the contract, in after contract duty period, also is suitable the reliance interest. Expansion reliance interest applicable scope, overall plan contract entire category, when has other contract specific interest appears, appears has the specific connotation the contract interest (for example the performance interest), has not had the specific connotation in other the contract interest existence, or the specific contract benefit is insufficient to provide relief a side litigant to achieve when contract substantive justice, presents the contract the reliance interest. Does this goal is to protect special trust-relationship, realize parties'substantive justice.This article first begins from the existing reliance interest concept and the theory developing process, compared with two big legal systems reliance interest system difference, seeks the reliance interest system existence the goal and the developmentguidance. Next, in this foundation, the analysis reliance interest system in our country standard present situation, promulgates insufficiency, inquired into again skeleton our country trusts the interest system the necessity. Finally, to trusts the benefit the skeleton to propose some concrete tentative plans with the suggestion.