The Research Of The Compensation For The Breach Of Pre-contract

Based on the characteristics of the pre-contract itself,people in the transaction widely used in the pre-contract.The market itself contains a huge risk,a variety of factors that led to the parties failed to conclude the contract.The breach of contract caused by the parties to the contract can not,to the compliance party brought damage,the presence of damage to offer certain benefits,the breach of contract should be responsible for their own actions,bear the corresponding responsibility,the parties based on their own interests consider,may require the breaching party to compensate for the loss or continue to fulfill the agreed obligations.But in terms of damages for the breach of pre-contract,in theory,had a lot of controversy,in the legislative norms did not say this,the lack of norms also led to differences in the judicial trial.Due to breach of pre-contract it has a special value;Damage compensation involves the protection of the legitimate rights and interests of the partiesto resolve the issue of damages to maintain market order,to protect the rights and interests of the parties,and even highlight the law of fairness and justice.Therefore,this paper intends to explore and study the compensation for the breach of pre-contract.This paper mainly consists of four parts:The first part mainly focuses on the current legislation on the damage and the status quo of the judicial compensation.In the current situation of legislation,China is not currently on the pre-contract of a special general legal norm;for the pre-contract of the norms are mainly reflected in the introduction of judicial interpretation,but the judicial interpretation does not accurately explain the damage after the pre-contract of the issue of compensation.In the judicial status quo,due to the lack of legislative norms,caused the judicial referee differences,In the area of damages,the judges have different views,or support the compensation for the reliance interests,or agree to compensate for the performance interests,while the attitude of the opportunity to the interests of the damages for the problem of ambiguity.The second part mainly analyzes the damage of the breach of pre-contract.On the issue of damages,the first thing that is clear is the damage.This part focuses on exploring the interests of the breach of pre-contract.By examining the nature of the damage and the classification of damage to the interests of the contract,the object of damages is defined from the general principle of damages and the validity of the contract.The third part mainly discusses the problem of the object of compensation.In the course of judicial practice,the judges form three kinds of judicial paths when the effect of the damages is determined by the pre-contract effect.By analyzing the three paths,the judicial practice defines the compensation object as reliance interests or performance interests,But for the name of the two corresponding to the pre-contract,or the contract about.Therefore,there is a comparative analysis of the relationship between the pre-contract and the contract on the interests of damages.The fourth part mainly uses the pre-contract categorization to determine the scope of damages for the breach of pre-contract.First,the field of comparative study on the law,found outside the problem for this issue did not produce a unified opinion,and around theoretically what kind of pre-contract should have the effect to determine the scope of damages.Secondly,it analyzes the legitimacy basis of determining the type of damages and establishes the core position of the true meaning of the parties.Again,how to specify the categorization of pre-contract.Finally,regarding the opportunity interests damage compensation,certainly its existence,but in the amount of compensation should be carefully applied,the appropriate compensation.