Studying On The Contacting Opportunity Loss Of Reliance Interest

The pre-contract liabilities are detailed provisions in the "People's Republic of China Contract Law"(hereinafter referred to as the Contract Law) in Article 42, Article 43 and Article 58, as the responsibility of the stage in the contract. The pre-contract Liabilities precedent is designed to protect the relying party losses after the contract isn't established or is invalid. It has been said that the range of compensation of the pre-contract Liabilities contains the reliance interest. Whether the contracting opportunity loss is included into the scope of the reliance interest, what the scope of Contracting opportunity lost is, and what standard contracting opportunity loss is, and how the loss of contracting opportunity should be calculated. They have been major controversial issues in the pre-contract liabilities. In this paper, the author collects the relevant judicial precedents, defining the contracting opportunity lost, features and distinguishing with a similar concept, and clarified the relationship to the reliance interests, and analyzes the current foreign legislation, pointing out all kinds of problems from the internal legislation. The author makes some recommendations on these issues in order to improve legislations of the Contracting opportunities lost and to protect the legitimate rights and interests of the parties.The full text is divided into five parts:The first part, putting forward some problems. The part is treated as a introduction of the text, and is an important beginning in the full parts. The Author treats "reliance interest" "opportunity losses" as keywords in China Network referee instruments to search, and will draw to a table on serial number, case number, area, procedures, whether the loss of the opportunity should be requested, determine results, and selecting of two typical cases to analyze, getting a conclusion that the constituent elements of Contracting opportunity loss is fuzzy and the standard calculation of the amount of compensation is too subjective.The second part is the basic theory of contracting opportunities lost. This part analysis its characteristics similar to the concept,and introduces the concept of loss of opportunity Contracting defined, and the demonstrates the necessity of contracting opportunity lost existing. It is the theoretical basis points. Other parts of the text are as a theoretical basis. It is also a fundamental starting point that proving further the losses of the contracting opportunity should be included in the scope of reliance interests.The third part is a relationship between loss of the contracting opportunity of and the reliance interest. This part is difficult in this article. This section describes the meaning of the reliance interest, views and opinions from the reliance interest of scholars on whether the reliance interest includes the contracting opportunity and then analyzes legislations of Germany,, the UK, the USA and puts forward the internal legislation questions containing that not clearly defined loss of contracting opportunity, the liabilities for breach of contract to exclude the loss of the opportunity, and only with reference to specific problem areas to any benefit that may be accrued from performance of the contract.The fourth part, how to identify the contracting opportunity loss. This section is divided into two pieces, the first piece is to introduce the trust and reasonable reliance, focuses on five factors that influence a reasonable reliance; The second piece focuses on the four main the basic principles of principles parties needed to comply with, identifying the loss of opportunity.The fifth part contains legislation recommendations for the loss of contracting opportunities. The party is also suggested that how the loss of the opportunity to do in judicial practice. The author puts forward a total of three calculation methods that elements from contracting opportunities lost, the scope of compensation, calculation.