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Research On The Compensation Of The Reliance Interest Compensation In The Fault Liability Of The Contracting Parties

Posted on:2017-06-17Degree:MasterType:Thesis
Country:ChinaCandidate:R H CaiFull Text:PDF
GTID:2336330512457554Subject:Law
Abstract/Summary:PDF Full Text Request
The contracting fault liability is the responsibility of the contract law,which is used to solve the disputes in the process of the contract.It is the same important form of liability as tort liability and liability for breach of contract.Reliance interest is the most difficult problem in judicial practice in the judicial practice.The reliance interest is rich in connotation and has remarkable characteristics in the fault liability of the contracting parties.In Anglo American legal system,the reliance interest is regarded as the advanced contract theory which is comparable with the contract value.The continental law countries emphasize on the combination of the reliance interest and the contracting fault liability.In our country,the scope of compensation for the fault liability of the contracting parties is limited to the reliance interest,and the judicial practice has a conservative attitude towards the trust interests.This paper from the contracting fault liability theory,the intension of reliance interests and characteristics and comparison of the investigation,the reliance interest compensation,reliance interest compensation rules,trust in the interests of judicial cognizance problems should be paid attention to other aspects.
Keywords/Search Tags:Culpa in contrahendo, Reliance interest, Compensation rule, Judicial practice
PDF Full Text Request
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