Research On The Rules Of Gains Offsetting The Losses In Damage Compensation For Breach Of Contract

As an important rule of the law of damage compensation,the purpose of the rules of gains offsetting the losses is to define the real loss of the victim reasonably,and to fully implement the filling function of the law of damage compensation,so as to realize the fair value of the law.However,in our country,because the current law does not determine the rules of gains offsetting the losses,the rules lacks systematicness in the whole compensation system for damages;at the theoretical level,there are few studies on the application of the rule in compensation for damages for breach of contract,and the research on the theory of the rule basically takes tort liability as the basic model,ignoring the application of the liability for damages for breach of contract in the system of the rule.The limitations of the system level and the insufficiency of theoretical research also lead to the inconsistency of the standards of judicial application and the confusion of the scope of application,that is,the identification of deductible interests arising from the same damage facts.In view of this,this paper focuses on the rules of gains offsetting the losses in compensation for breach of contract.In the first part,elaborating the basic theory of the rule,clarifies the concept,theoretical basis and constituent elements.At the same time,it compares the rule with the relevant rules to further elaborate the meaning of the rule.The second part analysis the necessity of improving the rules of gains offsetting the losses.Through the study of the cases,this paper shows the current situation of theoretical research,legislation and judicial application of the rule in China,and analyses the significance of detailed study on the rules in compensation for breach of contract.The third part,through the research methods of civil law hermeneutics and comparative law,analyses the difficulties of applying the principle of the rules of gains offsetting the losses in contract law,which lie in reasonably grasping the relationship between the rule and other compensation systems for breach of contract damages: Firstly,correctly understanding the relationship between predictability theory and the rule.Secondly,clarifying the sequence of application of the rule and negligence offset.Thirdly,To investigate the feasibility of the application of the rules of gains offsetting the losses,the rule of negligence offset and mitigation rule.Fourthly,it analyses the quotation and explanation of the rule.In the fourth par,aiming at the problems existing in the rule,this paper argues that China's contract legal system should absorb the rule,but in view of the diversity of sources of interests,it is appropriate to make only general provisions,and the application needs typological analysis,so as to establish different types of important and critical cases,so as to reduce the complexity and uncertainty of judgment.