| Transportation contract of carriage is an important contract. Determine liability not only is closely related to the rights and obligations of parties to a contract of carriage, also on the healthy development of the transport sector. Determining the acquirable benefits compensation is essential for determining liability. Fixing the compensation of the acquirable profits’ loss which caused by breaching in contract of carriage,on the one hand there is the need to consider the provisions of the "Contract Law" on liability, on the other hand also need to consider the limitation of liability provisions of the special law. However, the "Contract Law’s rules about the determination and calculation of acquirable benefits which are not clear, the special law also have a vague scope of the liability.So that there has been a breach of contracts for the carriage of goods acquirable interests compensation awareness inconsistencies in practice. This article will discuss the aforementioned phenomenon and try to put forward some solutions.Text of this paper is divided into five parts which focus on the study to determine compensation of the acquirable interest’s loss after breaching in a transportation contract,and pointing out the divergent and uncertain in practice of handling the compensation of acquirable interests of transportation contract base on combining the relevant provisions and practice cases. Clarify the thinking of the chaotic problems about the determine the compensation of the acquirable profits’ loss which caused by breaching in contract of carriage in judicial practice, and propose some views about proper analysis of ideas in justice process by combining the provisions of the understanding, scholar’s points of view and the good behaviors in practice, from the recognition of possible interests’ loss of transportation contract, the determination of acquirable interests, the calculation of compensation for acquirable interests these three angles.The second part, Analysis the behaviors in practice of how to determine compensation for acquirable interests after breaching in a transportation contract and put forward some views: The concept of the acquirable interests’ loss should be accurately used in practice, Refer to the type of acquirable interests in the "Guidance", integrate doctrinal summary of features on acquirable interests.The third part, After analyzing the practice of how to determinate acquirable interests of breaching in contract of carriage’s, author find that the judge have a different understanding about the "Contract Law" Article 311, Article 312 and the provisions of special law about liability limit and calculation method limit the scope of liability, and then the judge apply the different law on whether compensation of acquirable interests’ loss can be obtained or not. Meanwhile, the behavior of the judge which is inappropriate when they apply predictability rules to limit the scope of liability of acquirable interests’ loss which arouse some problems, such as the predictability rules has been replaced. To solve these problems, author have some suggests which are : first, clarify the relationship among the regulations, especially to the relationship between "Contract Law" ’s Article 113 and Article 311, Article 312,also the relationship between "Contract Law" ’s Article 113 and Special law relevant to liability provisions of the law. Second, clear reparation conditions for the loss of acquirable interests. Thirdly, adhere to use predictable rules.The fourth part, After analyzing the practice of how to calculate compensation for the possible interests when breaching in a transportation contract, author find that the "Guidance" ’s Article 10 about compensation’s calculation rules of acquirable interests has been widely used. Specific calculation method of compensation for acquirable interests vary from cases, and calculation of the standard is diversity. For this, author express suggests that in regard to the method of how to calculate compensation for acquirable interests which can refer to the counting rules of the "Guidance" and the calculation method in practice.The fifth part, summary. Organize the thoughts about determinating acquirable interests when breach in contract of carriage’s. |
