On The Compensation Of Reliance Interest Damage In Invalid Contracts

The compensation of reliance interest damage in invalid contract means that after an invalid contract is confirmed,the parties request compensation for the reliance interest damage caused by the reliance of a valid contract.In some cases,many parties claim the compensation for the reliance interest damage caused by the invalidity of the contract,and the courts also consider the problem of damage.However,related theories and provisions are still vague and disputable.On this issue,there are three main problems.First,after the invalid contract is confirmed,whether the interest of reliance damage compensation can be carried out.Secondly,if can make the compensation for the damage of reliance interest,what are the criteria for the establishment of the liability for damage,and the constitutive elements should be satisfied.Third,in addition to the establishment of liability,it is also necessary to discuss the scope of its damage and the content in it.First of all,the parties shall not be liable for compensation after the confirmation of an invalid contract,because their reliance in the contract will not be recognized.That means the invalidity hinders the compensation for the reliance interest damage.From the opinions of this essay,the invalid contract should be a kind of contract,which involves legal evaluation.The compensation for reliance interest damage has broken away from the constraint from the validity of contract,and the existence of provisions has also proved its legitimacy.At the same time,after the invalid contract has been confirmed,it does not break the binding relationship in the parties because of each other's reliance,and the compensation for the damages of reliance interest originates from the facts of reliance and it can regulate the breach of reliance,which can eventually alleviate the legal effect of invalidity of the contract.Secondly,there is no direct provision of the compensation for the damage of reliance interests in our country,and most of them are discussed on the basis of theories and cases.So,it is important to find out the provision to deal with this problem.As stated in the title,reliance interest damage compensation is based on reliance,reliance liability is the source of reliance interest damage compensation.Reliance liability is centered on reliance,but it has its limitations.Now the main applicable are provisions of Article 42 and Article 58 of Contract Law of the People's Republic of China,but they should be interpreted further and consider the factor of reasonable reliance at the same time.In the compensation for reliance interest damage,fault and reliance factors should be distinguished between the function of liability establishment and compensation scope.And solve the problem of liability standard and liability constitution of reliance interest damage compensation in invalid contract.In this way,the problem of whether the liability is established or not,the problem of preventing the non-remedy of damage and confusion with the scope of compensation are discussed.Finally,the scope and the specific amount of the damage compensation in the invalid contract are calculated,which is a difficult problem in the application of the specific case.From the perspectives of this essay,the content of the reliance interest damage should not be applied to the dilemma of the discrimination of notions.The scope of compensation is affected by the degree of reliance,which is mainly based on the objective level of reliance.Furthermore,we should discuss the scope of the compensation whether is in the adjustment by the relevant rules of the compensation.The calculation time point and the calculation method should be discussed,and the loss of opportunity and the loss of interest are mainly discussed in cases.