Study On The Rule Of Counterbalance Between Loss And Benefit

The rule of counterbalance between loss and benefit is to determine the scope ofdamages. It’s an important rule that applies to the specific benefits related to what and howthey can be offset and other issues. At present, the rule was brought into the perspective ofChina’s legislative practice and judicial practice, but not yet formed a complete system. Inthis paper, the concept of counterbalance between loss and benefit rule means that thecompensation for rights holders in the event of damage to reap benefits from the samereason, the benefit shall be deducted from the amount of damages, the obligation ofreparation should compensate the difference between the loss and benefit. Then, this paperanalyses the theoretical basis of the evolution of the rules, and the civil law and commonlaw in the relevant provisions of the rule were compared. On this basis, this paper make astudy on the constituent elements of the profit and loss balance: the debt shall beestablished for damages, compensation for rights holders have gained benefits,and acausal relationship between the damages and the benefits. Then the paper discusses thescope of the rules and the methods of applications in different situation to solve theproblems in judicature practice. According to the study above,the paper presents somelegislation suggestions that the rule should be fixed formally in the future civil code of ourcountry.