Analysis On Acquirable Interests Of Compensation For Damages For Breach Of Contract

Prospect interest is the interest after fulfilling legal proceedings, that is,the parties may achieve or acquire interests, is the property of the parties should be increased without increasing part of it is damages for breach of an important part. China's "Contract Law" and relevant judicial interpretations show that the Supreme Court liquidated damages should include the prospect interest.However, due to the prospect interest of theoretical relatively strong, easy and fulfilling the interests of the trust interests concept confused, resulting in judicial practice to understand the prospect interest system deviations. Meanwhile, the prospect interest characteristic of uncertainty, and judicial practice tends to strict standards of certainty the prospect interest of the certification process, so that ultimately the interests of the less support available. The lack of available computing standards have resulted in the interests of the court to avoid the attitude towards the prospect interest demands. In short, our system has many prospect interest where the need for improvement.the article is divided into the following sections:The first part is about analysis of legislation of compensation for losses in acquirable interests, current situation of judicial practice and the reason of this current situation of judicial practice in our country. The common problems in judgments for compensation for losses in acquirable interests in our country are explored in this part with statistical analysis of some recent judgment documents, which include that the current supportive cases has been increased significantly compared with that at the beginning of rules established, a great difference has formed between the support rates of judgments in courts with different levels, and to ensure the occurrence of losses in acquirable interests has been required to be proved. The principle of foreseeability is used infrequently, affirming the amount of losses in acquirable interests has randomness and other common features. The specific cases are combined to analyze the reasons behind it, which includes that the idea of compensation for losses in acquirable interests has not been accepted, constitutive requirement has not been explicit, the computing method of losses in acquirable interests has been in shortage and there is problem about the attitude of judicial worker and other immanent reasons.The second part is about the compensation system of losses in acquirable interests of breaking a contract on comparative law and the enlightenment. Relative systems of losses in acquirable interests of breaking a contract in Germany, France, Britain, the United States and other countries are introduced simply in this part. Following enlightenments are summarized: The special rule to distinguish the actual compensation for loss of breaking a contract needs to be set. The occurrence of losses in acquirable interests and to ensure the amount need to be distinguished and the rules of reasonable certainty need to be reconsidered.The third part is about constitutive requirements of compensation for losses in acquirable interests. In this part, the author has discussed that for the proof of occurrence of losses in acquirable interests, the deterministic standards in judicial judgments and the reasonable deterministic standards in the academic mainstream viewpoint shall be abandoned. The reasonable probability standards shall be adopted. The author also puts forward that the extent of probability shall have virtual impact on ensuring the amount. The concrete contents of the predictable rules also are explicit. At the same time, it is pointed out that the constitutive requirements of the compensation for the losses in acquirable interests shall not include the subjective malice of the party of breaking a contract.The fourth part is about the computation rules of compensation for losses in acquirable interests built in our country. In this part, the author has put forward the computation method of categorization of losses in acquirable interests. According to whether the losses of property and interests can be embodied with profit, the prospect interests is divided into profit loss and loss of interests used and the loss of fruits is added to respectively discuss computation method for three kinds of losses. The profit loss can be divided into three kinds and that the amount of profit loss shall be affected by risk factor of loss occurrence(extent of reasonable possibility) and time factor also is put forward. The actual loss which can not be calculated by profit can be compensated by reference to interests used in theory of tort law. With the situation of performing flaw, the expense for correcting flaw(No matter whether it happens) is regarded as compensation amount. With the satiation of delay in performance, the rental price of subject matter can be regarded as compensation amount.The fifth part, Conclusion.