Judicial Determination Of Compensation For Loss Of Obtainable Profit

Art icle 113 of the Contract Law of the People's Republic of China stipulates that a party to the contract may claim compensation for the benefit of the defaulting party.But the contract law does not clearly define what is the benefit,nor does it provide for the benefit of the specific judicial application of the rules.This article starts from a case,from different angles,discusses the scholars on the concept of benefits can be defined,as well as the benefits of the characteristics of the benefits of compensation for the benefits of default.Chapter II lim its the rules of restrictions on the scope of benefits,such as the foreseeable rules and the rules of mitigation of losses.In the judicial practice,according to the Supreme People's Court in 2009 promulgated on the civil and commercial trial guidance,the benefits of loss can be divided into the loss of profits and pro fits of production profits,loss of operating profits and other types.Chapter 3 analyzes the compensation of the loss of benefits from the relevant cases of the above three different types of compensation for the benefits of default,and the application of the relevant restrictive rules,and finds that there exists in the judicial practice As well as the controversy;in the fourth chapter,the legal provisions and judicial practice of compensation for the benefit of foreign countries,through the establishment of reasonable and definite rules,the distinction between the distinction between the facts and the amount of the standard,the freedom of judges to relax the psychological measures,Reduce the proof of the benefits of the benefits of the standard,improve the amount of benefits can be calculated standards and methods.Civil law countries have clear legal requirements for the specific application of the predictability rules.I believe that China can learn from foreign advanced legislat ion exper ience,improve the benefits of compensation related to the judicial system.