On The Profit Loss In Maritime Disputes

To compensate for the profit loss which is the judicial practice difficult and controversial issues,from the current legislation,the 113 rd of the "contract law" made clear rules about it,but only in principle on the profit loss can be recognized,not practical;from the research results,the academic circles from breach of contract,tort,determine the standards carried out some research.In the field of the maritime of profit loss compensation in addition to the imperfect legislation,the academic community for its little research and special discussion.The profit loss is the general civil law and maritime special law all needs to deal with the problems,it itself has the natural uncertainty,rough law which lead to the calculation standard lack of maneuverability basis,over the years due to the rules of the legislation are too fuzzy judges take a negative attitude to the profit loss claims.How to standardize and unify the civil and commercial trial judge standard is academia need further research,also the legislative problems to be soled.This article through case analysis method,the author basing on the case of experience as a starting point,the trial was introduced,from the focus of controversy that whether the ship time in the case should be upheld and how to calculate led to the legal issues of the profit loss.Integrated use the research method that comparative analysis,normative and empirical analysis,combine the general law and special law,for the profit loss in general civil law system and in maritime disputes which general situation of the legislation of,common judicial cognizance and practice application were expounded.This article is about the special law In the field of the maritime of profit loss had been sorted and summarized,points out the problems existing in the legislation,and the profit loss in the maritime law put forward concrete suggestions on perfecting the legal norms,and points out the legislative problems,and the maritime law to have lost interest law puts forward concrete suggestions.