An Empirical Study Of Judicial Benefits In Contract Law

The available benefits in the contract law refer to the benefits that can be obtained when the contract is performed.It does not include the subject matter delivered when the contract is normally performed,but refers to the value-added benefits that can be obtained after the subject matter is delivered.This article is divided into five parts,the first part is the question,through the case to elicit the problems encountered in the trial law in the trial law,the main problems encountered in the trial;the second part is the basic theory of available benefits,mainly through The concept,characteristics and similar concepts of available benefits are analyzed and explained.The third part is about the status quo of judicial practice of benefits available in contract law.It is mainly based on the reasons for judgment,calculation standards,and restriction rules.The fourth part is available.The comparative study of the rules of determining the interest practice mainly discusses the relevant systems of the civil law system and the Anglo-American law system in order to find a place to learn from it;the fifth part is to improve the rules for determining the rules of determining the benefits that can be obtained in China's trial practice.Proof standards,calculation standards,limit rules and other angle considerations.