Study On The Opportunity Interest Damage Of Liability For Wrong In Concluding A Contract

Liability for wrong in concluding a contract based on the principle of good faith of themodern claims law, setting for breach of the first contract obligations.Although legislationboundary and academia of our country has initially established a contracting fault liabilitysystem, but whether the compensation scope should include the opportunity benefit loss,how to judge opportunity benefit loss, as well as how to determine the scope of theopportunity loss, has been contracting fault liability system of major controversial topic, sofar still remains controversial. This article summarizes the domestic and foreign scholars onthe basis of the view, combined with the foreign legislation and the relevant provisions of thecontract law in our country both at home and abroad, and in the judicial practice, the practiceopportunity benefit connotation, opportunity lost profits and interests that opportunity losscompensation range are discussed in this paper, in order to further perfect our country’scontract responsibility system, perfect for the legal protection of civil rights.Text of this paper is divided into five parts.The first part is the connotation of the opportunity to profit loss. This part mainlyintroduces the concept of opportunity loss interests, the interests of the opportunity and thechance to characteristics of interest and the difference between similar concepts, in order tothe interests of the contracting negligence opportunity loss concept has a more correctunderstanding and the understanding.The second part is the opportunity of interest whether should be under the protection ofthe contracting fault liability system. This part mainly introduces the academic scholarsshould to opportunity loss by the contracting fault liability system protection of arguing anddomestic and foreign legislation and judicial practice of the opportunity loss processingmethod, for further discusses opportunity loss should be under the contracting fault liabilitysystem to protect this argument ready matting.The third part is the contracting fault liability of the trust interests should includeopportunity loss. This part mainly introduces the opportunity loss should be integrated withthe trust interests compensation range of reasons and opportunity loss can be used as theobject of compensation based on opportunity loss and the significance of protection, theauthor elaborated on the core point of view. This part is the key, in almost all of the content isaround the opportunity to profit loss should be under the contracting fault liability system to protect the key points of the discussion. It is also discussed further opportunity to benefit lossrecognition and how to compensate the loss of opportunity benefit basic foothold and startingpoint.The fourth part is the opportunity to benefit the cognizance of the loss. This part mainlyintroduces the reasonable determination of trust and the opportunity to profit loss recognitionof the basic principles and the opportunity loss how to judicial cognizance. This part is theemphasis and difficulty. From this paper, it is known that opportunity benefit should be underthe contracting fault liability system to protect the basic starting point is only theoreticalsignificance, can’t really reflects its practical value, and how to find opportunity to profit lossis only the vital practical significance, will the author in this paper opinion applied in judicialpractice. In addition, this part is to opportunity benefit loss compensation basis.The fifth part is the opportunity to the interests of the damages. This part mainlyintroduces the opportunity to benefit to the compensation for damages of the burden, thescope of compensation and how to calculate the compensation for damages opportunitybenefit. This part mainly introduces the opportunity benefit damages in the judicial practiceshould be how to operate.