Contractlaw Can Get Benefit Compensation Rules Applicable Research

Contract available interests as the predictability of contract,the contract now species diversity,the number of the contract is signed under the background of increasing,more and more get the attention of our country more.Growing on available interests compensation case has prompted people to understand the details of a case,case analysis,and use the corresponding legal norms to seek solutions.After the “contract law” promulgated,covers available for a breach of contract claims interest has been established,at the same time,the limitation on the available benefits compensation rules of easing the rules to be established.But in judicial practice,how to properly use available benefit compensation rules is always a difficult problem,and the market economy is increasingly change,the complexity of the case for our current“contract law ”provision of the negligence offset regulation,whether the profit and loss balance,deterministic rules should be established,if be established,how to distribute the burden of proof,to what degree the proof standard that is need to consider.This article attempts to breach of contract can be analysed the related issues of interest compensation rules,in order to help in their own work and the judicial practice.The first part,the first reference to the two case studies available interests compensation rules apply to the status quo,and mainly describes the interests of the available properties,characteristics,relationships with related concepts.The second part,to the continental law system,Anglo-American law system to evaluate the situation of benefit compensation rules available.The third part,introduce our country in the legislation and judicial practice about the benefit compensation rules available.The fourth part,mainly from the best available benefit compensation rules of responsibility form,and determine to reduce interest compensation rules,deterministic rules,subject,time,place,prove standard,calculation method,so as to the perfection of our country can get interest compensation rules.