Performance Interest And Typological Research

In accordance with the provisions of the contract,the parties should respect the integrity of the contract,performance the related content,and maintain the interest of both sides.In a marketing economy,due to variable objective situation and low cost of breach,one party often do not fulfill the contract or render non-conforming performance,that opposite party may have damaged.So the effect of default derives from performance,the delinquent party should be responsible for damage compensation and fill the damage of the other party.Since the contract is signed,a binding contract between the parties is thereupon concluded.When one party turn his back on his promise,rejecting to perform payment or defective payment,he should undertake the responsibility of breach.Under the background of business world society which around mass innovation today,performance interest is the most active field in the breach of contract damages.It is the first one to be aware of new change of social and economic life.It has more and more important status in the system of damage compensation.As a result of the legislation is too humble,which can't adapt to predict the complexity and variability,especially connotation and denotation involves measure and balance the interest of the parties around the contract.All of this brings the operating difficulties to the judicial practice in our country.On the basis of foreseeability rule,the author chooses the first section of articie 113 according to the Contract Law as a research starting point.By commenting on regulations,judicial decisions and comparison research,the type of performance interst is selected to analyze this issue,and the goal is to sort and construction to the type system.This article is divided into five chapters.The first chapter focuses on basic theory research,including the meaning and its constitutive requirements.The components include valid contract,default,the occurrence of damage and the existence of imputation reason.The first chapter needs discriminate the relationship and difference between performance interest and reliance interest.The second chapter mainly discusses China current relative regulations.The paragraph 1 of article 113 of the contract law determines the complete compensation principle and predictable rules on the performance interest.Notice of the Supreme People's Court on printing and circulating the guiding opinions on the trial of the cases establishes the business contract under three types,including loss of production profit,loss of profit and loss of profit for resale,but it is hard to meet the needs of realistic society.The third chapter focuses on two major legal systems about the legislation and interpretation about the type of performance interest.Representatives of continental law system countries and regions include Germany,Japan,France and Taiwan.Representatives countries of Anglo-American law system are for Britain and America.Performance interest originated in continental law system,but expectation interest originated in Anglo-American law system.In different countries due to the difference of the applicable rules that scope of its expected benefits is different,which it is necessary to compare.The fourth chapter is the core content of this article.It fouces on summarizing the scope of the breach of contract damages.Through the analysis of the legislation and judicial practice,and the adopt of the method of dogmatics of law,it can classify which type of interest has been recognized in the judicial practice in our country,aimming to make the typological performance interest.The chapter five focuses on the summary of this article by the above of literature and the written judgment settled.Under the perspective of type the author discusses how to improve the compensation system about performance interesst,mainly including clear legislation on the scope of the breach of contract damages,and standardize judicial referee.