Research On Expectation Interest Of The Folk Loan Contract

Lawyers' expense is an important issue in the practice of private lending trial.Can the attorney's fees claimed by the non-defaulting party based on the contractual agreement be supported by the court? The court shows different attitudes on this question,and there are different judgments in the same court in judicial practice.Expectation interest,including the available interest after the performance of the contract and the impairment and expense of existing property as a result of the breach.,is the benefit that the Parties seek to obtain in the course of concluding a treaty.The lawyer's fee is the unnecessary expense expense caused by the observant party,which belongs to the category of the compensation of the benefit loss expected in the private loan contract.Taking the lawyer's fee of the private loan contract as the starting point,this paper is aimed at exploring the particularity of the expected interest of the private loan contract and the specific application of the expectation interest theory in the compensation of the private loan,and puts forward some suggestions on the system of the private loan expectation interest of our country.The expected benefits of the private loan contract are significantly higher than those of other contracts.Compared with bank lending contracts,private lending contracts have the characteristics of the broad nature of lending subjects,informality and uncertainty of interest rate standards.The lending subject enjoys higher interest expectations as a result of lacking professional ability of risk assessment and control.The scope of compensation for the expected loss of benefits in the private loan contract mainly includes principal,interest,overdue interest,default payment and other expenses.In order to fully fill the losses suffered by the observant party,Article30 of the Provisions of the Supreme People's Court on Several Issues concerning the Application of Law in the Trial of Private Lending Cases should be amended tocalculate the overdue interest,default payment and other expenses separately,which is based on the particularity of the expected benefits of the private loan contract.In the practice of private loan contracts,the overdue interest and default payment agreed upon by both parties show the same characteristics,and should be recognized equally in the scope of compensation for the expected loss of interest.Other costs include contracting costs and the cost of realizing claims.Among them,the contracting fee,essentially a way of avoiding the interest rate ceiling and gaining higher expectation interests in private lending for both sides of the borrower,which originally belongs to the category of the reliance interest,should be attributed to the scope of expectation interests.The costs of realizing the claim mainly include the cost of lawyer's expenses,travel expenses and so on.The lawyer's fee,essentially the cost of realizing creditor's rights,should not be excluded from the scope of the expected loss of profits in order to fully relieve the loss of the contracting party.There is no unconstraint on the compensation for loss of expectation benefit.The compensation for the loss of interests of the observant party is subject to the limits of the predictable regulation,losses offset rules and fault offset rules while it is compensated according to the principle of complete compensation.Predictable rules are the primary limit rules.The application of predictable rules is to pay attention to the "foreseeable",foreseeable subject and scope of the foresee.In addition,it is determined that the judicial should follow the standard of proof of "reasonable certainty" and the calculation standard of "peer business" when compensating the loss of expectation interest.