Research On Expectation Interest In Contracts

Liquidated damages in the modern business trading environment has a crucial role and look forward to the interests of damages and liquidated damages system is an integral part. China's current "Contract Law" Article 113 "party fails to fulfill its contractual obligations to fulfill contractual obligations or does not conform to the agreement, to the other losses, losses due to the amount of compensation shall be equal to the loss resulting from the breach, including the performance of the contract can be obtained after interests. " But expect interest on damages and compensation calculation range, limiting principle, the burden of proof allocation of responsibilities and other measures in the legislative and judicial practice and no consistent standard. Therefore, the article according to the modern concept of the compensation value of contract law, benefit from the expected theoretical foundation, the establishment of the elements, damage compensation terms and calculation rules determined bid to try to look forward to in the contract for the benefit of a system arrangement and description, and look forward to the provisions of interests at home and abroad are compared, it is desirable in terms of legislation and judicial practice to provide some advice and guidance on the expected benefits of the contract. The author intends to adopt the relevant provisions and foreign legal systems expect benefits of the contract, insist on substantive justice, based on the harmonization of legislation and practice, trying to focus on the following aspects to the expectations set forth in the contract benefits. Research methods used are mainly comparative research, economic analysis, etc., by using these methods, and gradually complete discussion of compensation for damage to the interests looking regime. In this paper, the paper is divided into four parts:Firstly, the development of domestic and foreign legal systems expect damage to the interests of legislative knowledge and values related to the rule of law, expected benefits derived from the common law, in particular by making it stated as should the contract be fulfilled and the situation at present and that should enjoy the benefits of the transaction so that it enjoyed benefits; civil law will be classified as performance benefit, expressed as a specific legal acts in the context of the establishment of effective, because the debtor defaults lead to claims of creditors suffered damage can not be achieved. I intended to approximate the connotation and denotation concept discrimination, so as to establish the elements expected benefits established contract is established and the entry into force, the existence of a breach and damage results in a predictable and fairly row.Secondly, restrictive rules in depth analysis of the contract expected benefits: reasonable foreseeability rule, contributory negligence rule, derogate from the rules, or loss offset rules and mixing in order to establish the fault of the rules on limiting damages qualitative expectations of interest requirements.Thirdly, by specifying the relevant foreign law to learn the expectations of our interests and the calculation range is calculated damage compensation guide and reference, we concluded that the contract should include the expected benefits arising from profits subject contract, fruits, and some is based on performing party trust and lead to the loss of a number of other benefits. Avoid losses, while a number of other considerations secondary criteria to determine the final amount of damages expected interest- expect basic interest is calculated as the total amount of compensation shall be the loss of value = + Other losses- Avoid spending.Finally, according to the rule of law substantive requirements of justice, I hope that through comparative and foreign law provisions for specific expectations of interest, try to contract in the interests of the burden of proof expect that specific procedural requirements assigned to do some exploring. I believe that the contents of the contract includes the specific content of the burden of proof, the existence of the breach, the consequences and so easy to damage the interests of the injured party can prove its commitment, and to fulfill the burden of proof should belong to the party in breach of the positive obligation to derogate from the rights and interests of the injured party, if no clear evidence that the defaulting party aggrieved party to fulfill its obligations, it shall be presumed interests of the injured party has fulfilled its obligations. At the same time, we expect the contract to be on our interests to standardize and improve the legislation and judicial practice make some shallow's opinion.