Determination Of Attainable Interest Compensation In Default

The legal basis for compensation for the attainable interest is in Article 113 of the Contract Law of the People's Republic of China,which restricts the loss of benefits only by abstract predictability rules,and does not mention the use of restrictions in academic and judicial practice.The definitive rules of compensation for loss of benefit.There are "the Supreme People's Court on the trial of the sale of the contract dispute the application of legal issues explained","the Supreme People's Court on the current situation of civil and commercial contracts in the trial of a number of issues related to the guidance" for the attainable benefit of the loss to determine the specific guidance,But still described by abstract concepts,the operability is weak.It is necessary to discuss the determination of the attainable loss of benefits in breach of contract and to provide more concrete guidance for judicial practice.The first chapter is an overview of the attainable loss of benefits from default,and it is necessary to determine the attainable loss of benefits from default.To clarify the attainable benefits of loss and other easy to confuse the concept of a clear grasp of the benefits of the loss of the category.This chapter also boldly suggests that the category of benefit loss should be expanded to non-property loss and loss of opportunity.The scope of the increase to non-property losses and loss of opportunity necessary.The second chapter is to establish the rules for determining the loss of the benefits of default,mainly the foreseeable rules which are clearly stipulated by the law and the certainty rules which are applied in the judicial practice.The predictability rule is clearly defined in the law,but it is too abstract.This article focuses on the various aspects of the predictability rules to strengthen the operability of this rule.Where the determinability rules are not provided for by the law,the judicial practice rejects the verdict of the claim for damages of the benefit of the parties,and the determination of the available benefits in this section is not equivalent to the determination of the amount,"Article 113 is not so shelved.The third chapter is about the current available benefit loss reference data to determine the calculation method and the choice.Using the empirical analysis method,according to the different loss of personality,determine the reference data to determine the method is to calculate the benefits of loss of the premise;Second,the calculation method is classified as the difference calculation method,discretionary calculation method,discuss the specific principles under the method and the method does not exclude the relationship can be used.And the benefits of the benefits of the loss of benefits and non-property-type benefits can be a significant loss to the table special.