The Legal Protection Of The Contract Reliance Interest

In1937, American scholars Fuller first proposed the concept of the" reliance interest ".From that people have make a re-understanding of the reliance interest. But the concept of reliance interest, some basis theories still have considerable controversy. Reliance interest inherent given the trust of the party of the contract or offer, effectively established reasonable reliance contract performance may be obtained or had already suffered the loss of interest. Such interests include the interests of property interests and opportunities interests. Attention and research on the reliance interest protection system is an important symbol of development of the commodity economy. Since the difference between the different legal cultures and soil background, two law systems the different theories regime. Although the two law systems build up different systems of legal protection of reliance interest. Their advanced system theories give us a good example to learn form.Compare to some western developed countries have build up a perfect system to protect reliance interest. Our country scholars seldom pay attention to this problems.However the reliance interest have play an important role in our day life of the transactions. This is why the author chose this topic. At last, the author also try herself to put forward some suggestions, hoping to contribute some basis theories to develop the legal protection of reliance interest.This paper consists of four parts:In the first part, mainly discusses the basis theory of contract reliance interest. The author discusses some major value academic dispute on reliance interests, and made their views on the framework to put forward a new concept. Although scholars from various countries have difference concept of reliance interests, but its value goal should be consistent. That the principle of good faith, given the parties cautious duty of care, to urge the parties, to transactions carefully, so as to maintain the security of transactions, maintaining trading order.In the second part, explore the status and defects of our country’ legal protection of the reliance interests.Our country by the German legislative impact, while actively learn advanced the legislation in the United States. Scholars study this problem are mostly limited to the contracting negligence theory of liability, and related provisions in the Contract Law. Due to lack o f strong theoretical foundation, China has not yet formed a perfect system of reliance interest. Some situation should be applicable to the situation is not applicable. These issues we need to further improve.In the third part, Learn from other countries advanced legislation. Mainly uses a comparative analysis method, mainly in Germany and the United States to learn from version. German Civil Code is concerned about the legal regulation in the contracting stage of parties, and to protect the legitimate rights and interests of the transactions. In the United States, Fuller by listing a large number of instances, discusses the scope of compensation and the compensation limit of reliance interest. These issues have been more refined study.In the fourth part, put forward some suggestions to improve our legal protection of contract reliance interest. On the legislation, a clear theoretical foundation should be deeper research, actively provide theoretical support for the practice. Clearly defined the form of the "reliance interest" compensation range and limit the maximum amount of compensation. On the judicial, introduction of preponderance of the evidence rules, timely introduction of the relevant judicial interpretation, to protect the legitimate rights of the parties.