Study On Compensation For Attainable Interest In Breach Of Contract

With the development of market economy in our country, the contract is seems to have become the enterprise, legal person, organization or even between natural persons who engage in civil activities indispensable a bond. Each subject thought beforehand by entering into a contract to achieve their want to obtain the interests of the benefit for himself. But, often backfire. In real life there are a lot of contract subject in pursuit of a larger income, or does not keep his promise and completely fails to perform or not fully perform the contracts concluded his, significant damage to the other side, the last resort to the court requires the breaching party compensation for loss. Although The General Principles of The Civil Law and the Contract Law stipulate the full liability to pay compensation system and the interests of the default available compensation rules clearly. There are specific implementation rules about available benefit compensation rarely which makes the judge damages the interests of available within this field to lose the direction, because there is no standard and scale. Thus, the establishment of relevant theoretical system is engaged in the interests of the available legal workers must do a subject. The author through to the interests of all kinds of the available books, periodicals, papers and learning of reading, probes into the legal basis of available benefit protection, define the basic concepts related to the interests can be defined range, and analyzes the available scope of interests in the process of damages compensation, the burden of proof and can calculate also have interests compensation limit rules. At the same time, the author through to the default in the judicial practice in recent years can get interests damage compensation cases research, the key combed the court shall not support default available interests in the judicial practice the reasons for the request for damages the interests of the party the burden of proof and available concrete calculation method, etc. And found in the judicial practice, the majority of the court for the parties request can be benefit for damages of quick-frozen requests are not supported. The author through the study of the judicial practice to summarize our country judicial practice on available interests compensation settlement mechanism, and to found the problem, and puts forward improving measures, so as to perfect our default available benefit compensation system with comprehensive and complete protect the interests of the parties.