Analysis On Acquirable Interests Of Compensation For Breach Of Contract

Now the social economy high speed development of our country, everyone is actively involved in economic activities, the contract become the main way of people to participate in market management and transaction.In the process of economic interests, the contract plays a vital role. Since the signing of the contract, the parties to a contract must be strictly in accordance with the terms of the contract properly perform their respective obligations, to achieve the purpose of this contract, finally the parties to a contract to achieve their own economic interests. Appropriate to perform the contract is the key to the healthy development of social economy, to encourage more people to economic transactions, thus increase to much material wealth for the society, increase the level of people’s lives. However, due to the influence of various factors, often default will happen, so as to harm the interests of the parties to a contract and the healthy development of social economy. Default cases, the default party will pursue maximum interests protection, the breaching party compensation for their own requirements can get profit loss. For the compensation of breach of contract can get profit loss, our country law has made relevant provision, and releasing the trial of civil and commercial contract disputes "guidance", for providing the basis of the solution of the problems existing in the judicial practice. But legal lag and general determines the imperfect laws and regulations. Therefore, based on the comparative analysis of domestic and foreign legislation and judicial practice, on the basis of detailed discusses the related theory of law, thus to our country default can get profit loss compensation system in order to provide the beneficial reference. Full text in addition to the preface and epilogue, is divided into four parts, to be specific, includes the following contents:The first part: the default available interests damage compensation legislation and judicial status quo. Firstly expounds the legislation evolution, the interests of the default available legislation from scratch, from the abstract to the relatively specific, but the law is not detailed enough. The second condition has made the reality of judicial practice in China, points out the difficulties existing in reality. In reality of can get profit loss compensation claims, is not supported by the court in most circumstances.The second part: on available abroad interests damage compensation legislation and draw lessons from. Of Germany, France, the United States and Britain legislation in detail, points out the practices of different countries. Finally, explain the interests abroad on available damage compensation legislation for the significance of legislation in our country.The third part: the legal analysis of default can get profit loss. First discusses the definition and features of interests can be detailed, and the interests of the available a clear definition of connotation and denotation. Next to the default available components of profit loss and prove that the standard specification, made for the judicial practice can get profit loss provides a clear standard.The fourth part: the default can get profit loss compensation limit rules, calculation methods and influencing factors. Limit rules including negligence offset predictability rules, reduce loss, and profit and loss offset regulations. Calculation method, calculation method including law method and discretionary calculation method. Influencing factors including the main body factor, location factor and time factor.