Perfection Of The Trust Interests Of The Damage Compensation System Envisaged

It's for more than 60 years since Fuller has proposed the reliance interest from today, he and his student Patti deliver the essay Reliance interest in damage compensation of the contract that has meaning of the milestone in the history of the contract law. It has broken the mode of damage compensation that traditional principle of damage compensation which either have all, or does not have all, and has offered another remedy for Great Britain and America's traditional contract law theory. Since the theory of reliance interest has been put forward, it has got the general recognitions whether in the countries of the Common Law System and the Civil Law System or any other countries of the world. But the for protection of the intension and the scope has not in common.So for the definition for the system of reliance interests damage compensation, some disputes still exist so far, there is not a final conclusion yet. For the present, with the development of the society, the economy is prospered fast and the social deal increase frequently. And the problem of the inherent requirement of bona fide doctrine and in need of full-scale protect of the interest of the contractual party become more and more important, lack of more related theories system and the faultiness of the research will affect the development of the practice.This paper introduce the basic theoretical questions of the reliance interest through analyzing, adopt the comparative analytical method and research approach of the legal economics, analyze and describe the system of reliance interest damage compensation of the Common Law System and the Civil Law System, thus strengthen the understanding of this theory, in order to promote the distillation of the theory, hope that can provide a bit benefits to practice. This paper is divided into six parts on the whole.Chapter one is the introduction part. Main generalize the research purpose, research range and the research approach of the paper simply. And then has made an introduction to the writing original intention of the paper.Chapter two, the theory of reliance interest has been introduced overall. Mainly discuss the reliance interest definition, property of theory, form important document and compensation range etc first. Make an introduction for the theory of reliance interest of the two legal systems. And then on the basis of theory of the chapter one, analyze comparatively and distinguish the reliance interest damage compensation responsibility and liability for tort, liability for breach of contract, conclude a treaty liability for fault etc. thus there is a more objective understanding on damage compensation of reliance interest.Chapter three combine of our country's national conditions and discuss some relevant theory for protecting the reliance interest in the Civil Law and the Contract Law of our country. expound the fact, find out the current legal loophole legislate from it, appreciate some problems that need improved in legislation of our country form above on.Chapter four prove that confirm the system of reliance interest damage compensation in the legislation in our country which have deeply theoretical foundation and make good use for maintain the law inherent of our country at first.Then combined the legal loophole existed in the current law of our country that the chapter three discuss, put forward several points for the completion measure with corresponding. Further proved that legislates to confirm the system of reliance interest damage compensation in our country, accord with the fundamental realities of the country of the market economy of our country.Conclude the speech part combine the principle of honest and trustworthy, direct our country market economy credit crisis serious situation this of terms at present against, put emphasis on that confirming the system of reliance interest damage compensation is necessary in our country again. At last make a conclusion of the paper in theory.