The Expectation Interest In Contract

As the economy continues to develop, the contract behavior has become the commonpeople’s work and life of civil conduct, one after another from the contract to achieve becomeattention, to protect the interests of the parties is the ultimate goal of the contract behavior.Parties by contract be able to achieve the interests of the party’s breach of contract can not beachieved, the interests of the other party should be given protection and compensation, whichproduced "looking forward to the interests of the damages. March15,1999, China’s newlyenacted "Contract Law of the People’s Republic of China (hereinafter referred to as the"Contract Law ") for the first time to be laid in the form of legal provisions related contenttheorists also set off a craze of the study.Expect interest refers to expect from this transaction to obtain the various interests of theparties at the time of the conclusion of the contract sum, including the benefits can beobtained in the performance of the contract and for breach of contract and result in theimpairment of the existing property loss. The research is about looking forward to theinterests of contract law, the interests of the protection of non-missing part of it is added inthe protection of interests of the original contract, can not only achieve the comprehensivenature of the protection of interests of the parties, but also can effectively promote the normaldischarge of the contract, the maintenance of a good trading order. Looking forward to theinterests of the contract is the name of the last few years new interests, and relevanttheoretical research and the construction and implementation of the system is still in theexploratory stage. Therefore, how to establish and perfect looking forward to the interests ofthe legal system, it has become an urgent issue. The text is divided into five parts：Discussed in the first part of the contract, in looking forward to the interests of thegeneral problem. First of all, looking forward to the interests of legal theory as a basis forlooking forward to the interests of the meaning defined by Common Law and the Civil Lawand our legal and are characterized by analysis, and other concepts to discriminate, to betterlook forward to the interests of have a clear understanding. Secondly, looking forward to theinterests of the theoretical basis to enhance the degree of theoretical papers. Finally, from thenature of compensation, lost opportunities and market order three expect the need for compensation of interest analysis, so look forward to the interests of the compensation wasreasonable.The second part discusses the scope and calculation of looking forward to the interestsof the contract. First, the description of the range to look forward to the interests of thecontract; followed by analysis of the standards and methods of looking forward to theinterests of the calculation. In looking forward to the interests of the compensation ofdifferent instructions from the subjective and objective aspects, then proposed conventionmethod, analysis and estimation method, which is looking forward to the interests of specificcalculation methods specific to each method described; Finally, in analysis of the status quoof this country looks forward to a compensation of interest, obtained in the above calculationmethod based on the consolidated method.The third part analyzes the important rules about looking forward to the interests of thecontract. Fully indemnify rules are general rules of contract damages, stressed that to lookforward to the integrity of the protection of interests; look forward to the interests of theessential characteristics of foreseeability rule highlights the predictability of the rules apply toexclude; profit and loss offset rules with mixed fault rules general contract damages, but inthis article and new content.The fourth section describes the comparison and reference system of looking forward tothe interests of foreign law. Section I Section II briefly expect the interests of the system inthe common law system of civil law in several typical national laws looking forward to thedescription of the system of interest; combined in the third quarter, the difference betweenthe previous two reference to looking forward to the interests of the foreign law regime.The fifth part of looking forward to the interests of our contract system deficiencies andimprovement. First of all, expect the interests of the relevant legislation narrative analysis of Iover the lack of such a system, to China looking forward to the perfection of the system ofinterest, mainly reflected in clear look forward to the interests of the scope of the calculationmethods and rules, and other responsibilities boundaries. Second, inadequate judicial premiseof looking forward to the interests of judicial perfect: the first part of the proposedspecification judges discretion; proposed in the second part of looking forward to the interests of law enforcement on the principles, procedures and supervision the perfect; finally clearexpect the interests of the regime exclusion.