The Range Of Compensation Attainable Interest From Contract Law

Attainable interest in Contract Law damages as an important part of the damages system,the national laws recognized by Article113of China’s "Contract Law" and relevant judicialinterpretations also recognized the loss of attainable interest, the provision should becompensation. However, China’s relevant laws and regulations are too abstract and principles,interoperability is not strong, in judicial practice, there is a big obstacle to the realization ofthe attainable Interest of damages available.The text of this paper consists of six parts, of attainable interest around the availablerange of damages to commence a study to examine legislation and theory, to clarify ideas, andenhance the operability of the attainable interest of damages.The first part, a real case to examine the status quo of China’s judicial practice attainableinterest damages, and then put forward the need for further research. The second part, at homeand abroad the theory, concept, nature and characteristics analysis of the attainable interest,and to lay the foundation for further explore the attainable interest damages. The third part,attainable interest compensation range limited, focusing on research foreseeable rules andforeseeable rules is crucial attainable interest compensation limit rule, to grasp the need tofocus on, this is the rule to do a more detailed analysis. The fourth part of the reduction rulesattainable interest damages, including mitigate the damage rule, contributory negligence rulesand profit and loss offset rules. Due to the three rules of this section are available whether theattainable Interest of the amount of compensation should be reduced, rather than the attainableinterest whether compensation should be, it is the rules in order to reduce the paper says. Thefifth part, combined with the Supreme People’s Court "guidance" hearing about the currentsituation of civil and commercial contract disputes, attainable Interest will be divided into aproduction loss of profit, resale loss of profits and loss of operating profit. Part sixth part,analysis of attainable interest provisions in our laws, to make some perfect views: improve thepredictability of the rules, to establish the rule of contributory negligence and the profit andloss offset rules, and improve the availability of the the compensation attainable interest burden of proof and standard of proof, and improve the availability of attainable interest ofthe calculation of damages.