Study On The Compensation For Acquirable Interests In Contract Law

In order to adapt to the increasingly complicated economic and socialdevelopment, the protection of expected contract gradually becomes the basis andtarget of the contract area. Through thinking "why to compensation acquirableinterests" and exploring "how to compensate for the interests", the issue of"acquirable interest compensation" in the theory of the contract law is confirmed.However, expected interests do not include all the commitments expected. We shoulddistinguish types of acquirable interests. We can attain the goal of the law,which is toprotect "rational expectations", by adopting identified rules and calculation methods.We can also convert "breach of contract" to "fulfilled contract", and consolidate creditrelations and trade order through the way mentioned above.In order to clarify many identified problems of default acquirable interests, thisarticle is divided into five chapters to analyze the acquirable interests in contract law,except the introduction and conclusion.The second chapter studies the development of default acquirable interests indifferent historical periods, summing up the evolution of acquirable benefitscompensation system, which covers the acquirable interests compensation in Romancontract law; the interests discussed during the middle age and the period of thenatural law; the acquirable interests compensation of the continental law; the exclusionary rules of common law and non-restrictive rules on compensation ofinterest in modern law, etc.The third chapter analyzes the lack of legislation on the protection of theacquirable interests in our law, and highlights the necessity and feasibility of theacquirable benefits compensation in our country.The fourth chapter studies the loss of other contracting opportunities incontracting negligence; opportunity loss in the case of default; the acquirable interestscompensation after the termination of the contract; After the termination of thecontract, the "independence" of the terms about the liability for breach; in thedefault case, whether the agreed terms by the parties can eliminate acquirable interests,through which, it analyzes the acquirable interest exists in the form of the contractlaw.The fifth chapter illustrates the method of determining the scope of theacquirable benefits. First of all, this chapter demonstrates the certificate standard ofthe loss. Subsequently, combining with the case, it analyzes the compensation rulesfor benefits and the limit (reducing) compensation rules. Finally, it concludes thescope of the default acquirable benefits.