Protection Of Reliance Interest In China's Contract Rescission

With the development and progress of the times,the interaction between people has become more and more close,and the security of transactions has become a problem that can not be ignored.In such cases,the protection of trust interests by laws and regulations is also an indispensable cornerstone for maintaining the security of transactions.The two legal systems have their own cultural background and legal framework for trust interests.Different countries will construct different legal systems for the protection of trust interests according to their own social judicial practices.As an example,the United States is represented by the United States in the Anglo-American legal system.It was Fuller who first proposed the concept of "trust interest." He not only proposed the concept,but also listed the case disputes related to trust interests in the contract law.The relevant content of trust interest is also elaborated in detail.His thoughts also influenced the restatement of the second edition of the American Contract Law on contractual relief.In the civil law system,taking Germany as an example,jeren mainly discusses the relevant content of the trust interest involved in the contract in detail for the breach point of fault liability in the contract contracting stage.And after the revision of the Civil Code,Germany absorbed the theory of the application of compensation for trust interests.Although the two legal systems have different provisions on the protection of trust interests,the legal basis for the existence of trust interests and the purpose of the interest protection it seeks are all unified.From theoretical research to legislative construction,it finally applies to judicial decisions that conform to social development.This is the basic logic of this article.The first part of this paper compares the development history of the theory of trust interest protection in the two major legal systems,expounds the concept of trust interest,clarifies the definitionand scope of trust interest,and lays a legal foundation for the construction of the legal system of trust interest protection in contract dissolution.In this chapter,it can be concluded that the trust interest is essentially an existing interest,that is,the interest that the trust subject had already obtained before the establishment of the contract.It can also be understood that the cost of entering into a contract or preparing the performance of a contract and the opportunity to deal with other parties prior to the creation of the trust is a reliance interest.Regardless of whether the trust interest is a property benefit or an opportunity benefit,it is a benefit that the trust person has existed before the contract is established.The majority of scholars in the theoretical circle analyze the legislative defects by the reliance interest of the contract contracting stage.From the perspective of the contract cancellation,the article compares the contents of the trust interest protection and the application to the different kinds of the trust interest in the contract cancellation through the second part of the contract cancellation.Organize and analyze the specific rules on the protection of trust interest in contract cancellation and establish the system of trust interest protection rules.In this part,it emphasizes the nature of the trust interest in contract cancellation,such as concealment,kindness,and indirect loss.From the point of view of the loss caused by the termination of the contract,the types of trust interests are described in detail,such as inherent trust interests,collateral trust interests,and pure trust interests.The third part,by analyzing the legislative defects of trust interest protection in contract termination,reveals that the appeal of trust interest protection in practice can not be followed,and expounds the application of the principle of good faith in judicial practice to make up for the impairment of trust interest.At the end of the article,Through studying and analyzing the content of trust interest protection in contract dissolution,the rules of positive protection of trust interest in contract cancellation are clearly standardized,the scope of compensation for trust interest is accurately divided,the principle of no-fault liability for damage to trust interest in contract cancellation is established,and the right to claim compensation for damage to trust interest is applied.Important specific rules such as the statute of limitations.In this way,we try to construct the legislation system of trust interest protection that conforms to the judicial applicationin China during the contract cancellation,and at the same time it shows the value and concept of justice,freedom,security,efficiency and other laws.