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Definition And Computation Of Expectant Interest From Breach Of Contract

Posted on:2017-12-24Degree:MasterType:Thesis
Country:ChinaCandidate:T QinFull Text:PDF
GTID:2336330488472453Subject:Civil and commercial law
Abstract/Summary:PDF Full Text Request
Today, economic development is increasingly complex and disputes in the performance of contract can be seen everywhere in reality. Court has to face a crucial problem when processing contract disputes, i.e. how to balance mutual benefit between observant party and default party. The most uncertain factor is the definition and computation of expectant interest from breach of contract. The reasons for that phenomenon can be concluded as follows: On the one hand, no specification has been made for definition rule, computing method and standard for expectant benefit from breach of contract in law; on the other hand, judge subjectively has obscure understanding towards definition and computation rule for breach of contract and there are a variety of judging standards in the judicial practice. In order to reduce dispute, promote the sound development of socialist market economy, consolidate credit relation and balance benefits between both parties in the contract, the paper holds that it is necessary and urgent to conduct further study on expectant benefit from breach of contract.In order to solve problems like “what expectant benefit from breach of contract is” and “how to limit the extent of compensation for expectant benefit from breach of contract”, “which kind of computing method should be applied for expectant benefit from breach of contract”, “what the computing standard of expectant benefit from breach of contract is”, the paper was divided into four parts to analyze definition and computing problem of such benefit.In the first part, a true case related to expectant benefit from breach of contract was taken as the entry point in the paper. On the premise that dispute focus was dissected, problems of definition and computation of such benefit when processing the case was proposed so as to introduce the research topic.In the second part, definition of such benefit was mainly described. In the paper, starting from concepts of expectant benefit of different law countries, regulation of such benefit of law in China was introduced and features of benefit and main classification were analyzed and the connotation was stated. Finally, relevant concepts of expectant benefit from breach of contract were compared in the paper and its definition standard was further clarified.In the third part, it mainly described the computation of such benefit. Firstly, rules for qualification of such benefit were introduced and predictable norms were systematically introduced. It determined the time, content and main body of forecast and analyzed the practical use condition of predictable rule based on empirical study data of Mr. Wu Xingzheng; Secondly, computing method of expectant benefit for breach of contract was illustrated, including “conventional law”, “analogy”, “discretion” and “difference method”. In the paper, empirical study data of Mr. Lu Rongjie was used for reference and typical cases in practice were analyzed to concretely analyze problems related to each computing method in practical application.In the fourth part, suggestions on improvement of damage compensation system for expectant benefit from breach of contract in our country were proposed. For problems in the definition and computation of such benefit that were concluded previously, relevant perfecting suggestions were proposed to make up loophole in legislation and judicature and to effectively solve compensation problems related to expectant benefit from breach of contract.
Keywords/Search Tags:Expectant Benefit from Breach of Contract, Restriction Rule for Compensation, Computing Method
PDF Full Text Request
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