Study On Compensation For Attainable Interest In Breach Of Contract

With the continuous development of the economy,the compensation for breach of contract has become a thorny issue.Therefore,this article chooses to conduct research and analysis on the compensation for damages for breach of contract.The article is divided into four parts.The first part of the article is introduced as the case of "Equity Transfer Disputes between Honghe Mining Co.,Ltd.and Anshan Municipal Finance Bureau".The court of the two trials has different for damages compensation to the parties.Led to think about tissue of compensation for benefits.The second part is an overview of the damages for the available benefits.It first classifies the damage from the causal relationship and the legal behavior,explains the meaning of the loss of the available benefits,analyzes the relevant rules and constituent elements of the benefits.The third part is about the basis of compensation for the available benefits and the foreign legislation on the available benefits.We can learn from the useful experience of foreign countries to improve the system of compensation for breach of contract.The fourth part analyzes the reasons for the court's support and non-support for the damages of the available benefits by collecting the cases involving the compensation for the available benefits in the court's judgment,finding the problems of the available benefits of compensation.Insufficient evidence,lack of basis for specific calculation methods,no predictability,etc.Therefore,the article suggests that the compensation for the benefits of breach of contract in the proof of the standard,the burden of proof,the amount of calculation according to the future characteristics of the available benefits,relative certainty and other characteristics to make corresponding recommendations,so that China's available benefits The damage compensation system can be improved to better protect the interests of the parties to the contract.