On The Application Of The Rules Of The Compensation For The Interests Of The Contract

The interests of the contract mean value-added interests that a party can get if he can perform the contact by convention under normal or special circumstances.The benefit compensation is an important aspect in the system for breach of contract according to contract law,and a judicial difficulty and a blind spot as well in practice in a long time.The benefit compensation is stipulated in Article 113 rd of the Contract Law,but because of its uncertainty and abstraction,this provision can't meet the need of judicial practice.What besets the judge is benefit compensation when he handles contract disputes according to Article 113 rd of the Contract Law and damage compensation principle.This paper only discusses some problems related to benefit compensation,in wish that it could guide judicial session in practice.Firstly,the Benefit Compensations is studied theoretically and the meaning of the benefits is also defined.This paper analyzes similar concepts of the benefit of the contract too.At the same time,the validity of the contract is studied in this paper and the concept of the benefit will be further studied.Secondly,judicial difficulties and blind spots in practice are exposed in this paper,based on cases that the author met.Thirdly,the author attempts to determine the range of the benefit compensation,clear its practical application,and get its types.Rules of limitation of compensation are analyzed in detail,such as the foresee-ability rule,mitigation rule and the rule of profit and loss balance.At last,in terms of the difficulty in proving the loss of benefit in contract,the author tries to put forward solutions,clear the attribution principle of benefit,clarify the responsibility of burden of proof and state the proof standard of benefit.