Study On The Reliance Interest Protection

In the Civil Law System,according to scholars' classification of contract interests,the concept of reliance interest can be derived.That is,in the Civil Law System,the reliance interest refers to the case where the legal action is invalid,and the relative person believes it is effective because of reliance,and the final result is not valid because the losses suffered,is a negative interest.In the Anglo-American Law System,the judge has already described the reliance interest in the verdict.Combining with the scholars' analysis,the author concludes that the reliance benefit is the compensation for damages suffered by the injured party because of their trust and promise.The difference of reliance interest in the two major legal systems lies in whether it is related to contract validity.In the Civil Law System,reliance interest arises in a contract with limited effectiveness,while the reliance interest has no such restriction in the Anglo-American Legal System.The essential connotation of the reliance interest in the two major legal systems has three aspects in common: the first is the understanding of reliance to achieve rational people,the second is no prior agreement,and the third is the victim's behavior has maked his own status changed.Reliance interest is a substantive right that needs to be realized through procedural rights.The right of request is a procedural right,which ensures the final attribution of substantive rights.Therefore,in terms of system design,it is necessary to rely on interest compensation in two major legal systems.In the base of claims.Reliance interest compensation claims in the Civil Law System is based on negligence in contracting,principle of good faith.In the process of contracting,one of the parties involved in the contracting process caused the contract to be unsuccessful and invalid,and the failure to comply with the obligation at the time of the conclusion of the contract resulted in damage to the trustworthy person.The trustee may request the injuring party to bear the liability for infringement of the reliance interest according to the theory of contractual negligence,which is the responsibility of contracting negligence.In addition to the liability for contracting negligence,the interests of one Contracting Party are infringed by the provisions of the Code,specifically including wrong intentions,inability to represent and infringements in cases in which the objective cannot be provided,and the injured party may request compensation in accordance with the provisions of the Law.The right to request is based on the principle of good faith.The right of claim in the Anglo-American Law System is the principle of promise estoppel.The principle of promise estoppel is consistent throughout the conclusion of the contract.It can be applied when the contract is not established,invalid,revocable,and validly established.The difference between the reliance interest compensation and the claim basis in the two major legal systems is: the civil law system makes enumerated provisions on the claim basis of reliance interest compensation,and then follows the principle of good faith;the Anglo-American legal system is based on the principle of promise estoppel.The basis of the right to request reliance interest compensation,the specific application requires the judge to explain it.Therefore,the Anglo-American Legal System has more foundations than the claim system in the Civil Law System.As a result,the scope of the two major legal systems relied on the interest compensation.The coincident part of the claim basis for reliance interest compensation in different legal systems is the same.The similarities and differences between the concept of reliance interest and the right to claim compensation in the two major legal systems are not exist independently.Their differences can to a great extent be explained from the origin of the two legal systems' contract systems,and even from their respective legal traditions.The law of natural law inherited by Roman law influenced the theory of reason in the Civil Law System,resulting in the determination of the invalidity of the contract in the civil law system focuses on the examination of the substantive conditions,ignoring the protection of the forms of trust benefits.As a result,the responsibility for contracting negligence and other statutory responsibilities arising from the principle of good faith were clearly stipulated in the Code and the nature and form of the civil law contract system were bridged.The formalism emphasized by the Germanic law has always influenced the effectiveness of the contracts in the Anglo-American legal system.Although the stamping contract was abandoned,the contracting theory has become a direct embodiment of the contract formalism of the Anglo-American legal system,and the form has brought realities to the substance.The growing accumulation of contradictions has led to the principle of promise estoppel has emerged,made the basis for the right to claim for reliance interests in the Anglo-American legal system,and reconciled the contradiction between form and substance,which also explains the later appearance of the theory in the Anglo-American legal system,but earlier than the reason established by the civil law system.If the difference is due to different historical origins,from the perspective of the evolution process of trust interest protection in the two major legal systems,the evolutionary process in different sources shows the same development trend.The theory of reliance interest is carried out in the Civil Law System in the form of expansion of the scope of contractual restrictions,and the unparalleled development in the private law,the interests of one party relying on its own trust cannot be protected,but the contract is executed in good faith.The demands of the society and the demands of social fairness and justice,the theory of contractual negligence was put forward,it made up for the lack of practical flaws in legal principles,and embodied a historical process of relieving them.However,the historical process of the trust benefit theory in the Anglo-American legal system is no longer suitable for the modern contract law because the formalism is no longer suitable for the application of the modern contract law.Therefore,contradictions can be triggered at the same time.When the theories of the trust benefit theory that can compensate for the theoretical defects have emerged,In the common law and equity laws,the jurisprudence concerning the protection of reliance interests was immediately recognized,unified as a principle and drafted into guiding norms,embodying a historical process of relieving the sharp transition.In the end,their development trends are unified and shown as a principled equitable relief,which also reflects the change of values from individual to social.