Research On The Protection Of Reliance Interest From The Perspective Of Current Contract Law

It is an important sign of the level of commodity economy to pay close attention to and study the contract reliance interest,which embodies the spirit of the times law which changes from the static property relation to the dynamic property relation.The theory of the concept of reliance interest is still divided.The German scholar Jering first studied the contract reliance interest,and first bringing up the exoterica of faulse liability in trading.The legal basis of the protection of reliance interest in common law system is the reliance interest put forward by Fuller and Pardew.Although the legal background culture of the two legal systems is different,it determines the different theoretical construction of the two kinds of countries.Yet the theory of its generation The basis,the value concept pursued and the construction of the legal system should be consistent.The combination of the personality of the two has provided a positive reference for the perfection of the legal protection system for the reliance interests of China's contract.In fact,taking its essence to its dross,but also should be gradually perfected from legislation.The current reliance interest protection system under the contract law of our country is expounded,and finally the point of the point of perfection is put forward.Excluding the introduction,the full text is divided into four parts,as follows:The first part defines the reliance interest.As the connotation of reliance interest,"loss theory","situation change theory","interest theory" and "right theory" and analyzes the four theories.Then it analyzes the characteristics of reliance interest and the difference between it and related concepts,and compares the protection of reliance interest in contract law with that of administrative law.And the basis of responsibility distribution summed up the particularity of the former,then combed and analyzed the protection of reliance interests,the author thinks:"Reliance interest "means that,under the guidance of the principle of honesty and trustworthiness,one of the parties to a contract is based on reasonable trust in the other party in the process of concluding the contract." A reasonable cost to enter into or perform a contract with another party or an opportunity to enter into a contract with other potential contracting parties.The second part,the investigation of the foreign law of the protection mode of reliance interest.The author first introduces the different systems of the countries in the continental law system and the common law system on the protection of reliance interests,and then examines the similarities between the two systems on the basis of the origin and purpose.This paper probes into the differences between the two from the aspects of broken legal tradition,design ideas,applicable situations and constraints,the elements of establishment and the means of relief.In general,the civil law system mainly protects the interest of trust through the system of fault liability in contracting,and the protection of reliance interests of the common law system is based on the rule of "promise and estoppel" in case law.To realize.In the third part,First of all,based on the original legislation of China's current contract law,points out that the following four problems exist in the protection of reliance interests in our country:(1)the theoretical research is relatively weak,and(2)too strict intentional elements are too strict.(3)the concept of incomplete legislation is not clear.The scientific nature of the legislative system is open to discussion.(4)the legal language is not rigorous.The fourth part mainly discusses some suggestions to improve the protection of reliance interests in China.The author defines the connotation of reliance interest accurately,and strengthens the research on the theory of reliance interest.To clarify the constitutive requirements of compensation for damages caused by reliance interests and to perfect the provisions of the current contract Law in Article 42 and Article 51,and to introduce the rules of evidence superiority to perfect the burden of proof,it is put forward for the introduction of legislation or related judicial interpretations in the future in our country.Some immature advice.