Research On Judicial Recognition Of Expectation Interests In Contracts

In the modern business environment,the system of compensation for damages for breach of contract plays a vital role,and the compensation for damages for Expectant Interests is an indispensable part of the system of compensation for damages for breach of contract.The purpose of expectant interest compensation system is to remedy the expectant interest loss of the parties to the contract,and expectant interest loss has future nature.It is a kind of expectant interest of both parties when they conclude the contract.As long as the actual performance is completed according to the contract agreement,the expectant interest can be realized.Because of the inherent uncertainty of expectant interests,most of the judges in judicial practice do not support the expectant interests,and the parties also have insufficient or incapable of proof.To solve these problems,we need to sort out the cases in judicial practice and improve the way of judicial identification of Expectant Interests in contract disputes.Based on the above reasons,this paper combs and analyses the existing judgments of contract expectancy interest-related cases,studies the current situation and shortcomings of the protection of expectancy interest in contract disputes,and discusses the judicial aspects of expectancy interest in contract disputes in our country from the theoretical research of expectancy interest and foreign judicial identification of expectancy interest in the same period.How to identify the issue in the activities,with a view to putting forward a reference value in the judicial identification of the expected interests in contract disputes.This text is divided into four parts:The first part elaborates the concept,characteristics and constituent elements of expectant interest.Although the judicial practice has relevant legal norms to protect expectant interests,but there is no clear concept of expectant interests,countries have different definitions of expectant interests,so it is necessary to discuss the theoretical content of expectant interests,and elaborate the practical significance of protecting expectant interests.The second part explores the current legislative situation,judicial situation and existing problems of Expectant Interests in China.This part elaborates the current legislative status of the system of compensation for damages of Expectant Interests in our country.By sorting out the judicial decisions of the Chinese Judicial Documents Network,it analyses the judicial status quo of compensation for damages of Expectant Interests in contracts in our country,and on the basis of these analyses,it finds out the problems existing in the current judicial practice of treating benefits in the same period.The third part elaborates the ways of identifying Expectant Interests in foreign judicial practice and the relevant provisions of foreign legislation.As Expectant Interests originated from foreign countries at the earliest time,it makes an analysis and comparison of foreign Expectant Interests system,and puts forward some suggestions according to the basic situation of our legal culture.The fourth part puts forward some thoughts on the judicial determination of Expectant Interests in China.On the basis of the above research,this paper analyses the problems of judicial identification of Expectant Interests in China,and puts forward some suggestions,such as standardizing contract disputes,clarifying the rules of "reasonable certainty" and excluding the application of the rules of reasonable foresight,in view of the problems existing in judicial practice.