Research On Loss Of Damages In Trading Opportunities

The theory of compensation for loss of trading opportunity originated from German scholar Yellin's great discovery of "fault in contracting",which protected the loss caused by the frustration of trust of the defaulting party in the process of contracting,most of which occurred in the failure of the contract to be established.In case of invalidity or revocability.The essence of loss of damages for trading opportunities lies in the protection of the deepening trust relationship between the parties along with the negotiation between the parties.With the increasing attention to the interest of opportunity,the doctrine and legislation of various countries began to recognize and support the "compensability" of the loss of some trading opportunities gradually from the original conservative and cautious attitude.In China,the theory of whether or not to compensate for trading opportunities Loss is still controversial,and judicial practice began to emerge in support of the decision to compensate for the loss of trading opportunities.Under the background of the difference between theory and practice,the author tries to put forward a scheme of "compensation is the principle,not the exception",in order to solve the problem of whether to compensate for the loss of trading opportunities.This paper makes an empirical analysis of the cases of trading opportunity loss in judicial practice,and draws lessons from the experience of Anglo-American law system and civil law system on the loss of transaction opportunity.It provides a new idea for the future development and perfection of the theory of compensation for loss of trade opportunity.The main body of this paper consists of six parts,the first part summarizes the dilemma of the loss of trade opportunity damages,and the second part focuses on the rationality of "compensation is the principle,non-compensation is the exception" of the transaction opportunity loss;The third part discusses the factors that should be considered when compensating the loss of trading opportunity in exceptional circumstances;the fourth part is the limitation rule of compensation for trading opportunity loss;the fifth part is the method of calculating the amount of tradingopportunity loss;The sixth part is based on the theory and practice,to compensate for the loss of trading opportunities for the type of discussion.