Reliance Interests Compensation Of The Real Estate Value-added

House property, which is not only the basis of our lives, but also an important method ofinvesting, profiting and keeping value, has a significant impact on Chinese people. With the rapideconomic development, the growing prosperity of the real estate market is coming up since2005,and the house prices are soared which have been even doubled. Real estate is interest-related withevery family and also affect the stability of the society. However, not only the judicial practice, butalso the general public are bothered by the problems of real estate sale and contracts. Undoubtedlythe added value of real estate is the most controversial. How to dispose the added part of real estatevalue is related with the vital interests of all aspects when the housing contracts are avoided. Thereare great arguments about the added part of real estate value during the educational and judicialcircles, and no agreements have been made. This article will compare with the mainstream opinionof the educational and judicial circles, analyze the rationality that the added part of real estate valueis attributed to reliance interest, and discuss the jurisprudential basis of the right to claimcompensation,discuss and consider the limit of the faulty victim’s right to claim compensation.What`s more, we will analyze the rationality of the Negligence Counterbalance principle.During the writing process, we mainly refer to the case about the contract disputes during thebuyer Jin Biao and the seller Suizhong third transportation company which is accepted by LiaoningHigh People’s Court and come to a focused controversy. Besides, we will discuss the rationality thatthe added part of real estate value is attributed to reliance interest, and the restriction of the buyer`sright to claim compensation. During my study, this article mainly adopts the following researchmethods: Concept analysis, to determine the connotation, denotation and point of involved concepts;Historical comparison, to trace to the source of the involved system and realize its developmentprocess and reason; Literature research: to study the literature at home and abroad,and learn thehistory and development of contracting negligence system in the world, and search for the referencesignificance to the legal provisions and judicial practice of our country.Through the analysis of articles, I draw the conclusion that is the added part of real estate valueis attributed to the indirect losses of reliance interest, and the indemnity should not surpass the performance interest. The one who suffered the loss should not lose the right of claiming the lossesdirectly. Through the comparison and analysis of defects of various kinds of theories, such asinfringing act theory, legal act theory, directly law regulation theory and the principle of good faith,we confirm that the principle of good faith is the legal basis of reliance interest.With the comparison of fault offsetting principle, losses-reducing principle, and profit and lossoffset principle, this article will discuss whether the right to claim compensation of reliance interestapplies to fault principle, and explore the principle to determine the extent of compensationreasonably. At last, according to the actual situation, we make improved suggestions on how todefine the compensation range and introduce the Negligence Counterbalance principle.