Research On The Liability For Compensation For Reliance Interest

The protection of the reliance interest, maintain the order of the transaction and the transaction security, is one of the important symbols of modern civil law. Reliance interest is usually trust people have both an interest, the interest can be embodied as the property benefit, can also be performed as a legal act on opportunistic losses. In the civil legal relations, with a reasonable, good faith the mental state of a party because of the legal behavior is invalid or not is established and is damaged, have the right to request the responsible person continue to perform to achieve trust the purpose of active protection, also have the right to take to the liability for reliance interest damages negative protection mode. The protection of trust interest in law system is the protection of the interests of the trust responsibility system to achieve, reliance interest damages as this responsibility system important constituent, also is the research object of this article. Long-term since, by the contracting fault responsibility theory spread and influence, our jurisprudence on the reliance interest damages viewpoint, or its equivalent from contracting liability for negligence, or be placed in to the contracting fault liability, or that it should be independent. Under its influence, China’s current legislation and legal practice, for the protection of trust interest exists to a certain extent. The author passes pair of reliance interest damages defined and its related responsibility comparison analysis, to extract the principle of liability without fault and other independent factors, the reliance interest damages as a kind of independent civil liability forms to study. And in the review of the two major law systems on the protection of reliance interest of relevant legislation and theory, on2002, German law enacted after the German contracting fault liability system changes, in the last chapter, the necessity and the feasibility of perspective, on China’s reliance interest damages the legislation construction made further analysis, in order to determine the general principles of law, supporting the establishment of rules, standardize the behavior of type three stage to establish the system for the system design, in order to be able to improve and perfect our country’s civil liability system of modest contribution to the force, so that the legitimate rights and interests of the parties can be more comprehensive protection.