On The Expected Benefit Loss Compensation After The Contract Is Terminated

Contract termination system is an important system of contract law in our country.Whether the scope of compensation for the losses suffered by the party after the contract in our country is included in the scope of compensation for loss of interests,and not directly reflected in the legislative level.Most countries and regions in foreign countries through legislation to support remedies of losses in expectant interest whether in the judicial practice,or in the academic circle.Most countries and regions in foreign countries through legislation to support remedies of losses in expectant interest.The focus of this paper is for the court to apply in the judicial practice of the remedies of losses in expectant interest after termination of contract.By analyzing the applicable scope,applicable basis,calculation methods and rules and the burden of proof in remedies of losses in expectant interest,and it is hoped that it can be helpful to our country reference to remedies of losses in expectant interest in judicial practice.This paper includes three parts.The first part of the article from the three aspects of the possible benefits expected damages analysis problems and reasons of termination of the contract.First,the practical issues,discusses the trial practice after termination of the contract was expected to be loss of interest exist different processing conditions.The second is for practical reasons analysis of the problem,discusses the " General Principles of Civil Law of the People's Republic of China ","contract law" and relevant judicial interpretation of the provisions of the case damages range in the termination of the contract situation;theoretical academic,whether support contract after the lifting of the possible benefits expected damages differences,and affirm that the formation of a negative to say outdone.The third is a brief summary of the first portion.The second part of this article discusses the expected after the termination of the contract can get profit loss compensation comparison and reference.This chapter studies the legislative norms and judicial precedents of three civil law countries,i.e.Germany,France,and Italy,and two common law countries,i.e.Britain and America,by using Comparative Legal Studies,in regard to remedies of losses in expectant interest by termination of the contract.And the purpose of theoretic study is to provide useful reference for China's application of the remedies of losses in expectant interest after termination of contract.The third part of this paper discusses the perfection of the system of remedies of losses in expectant interest after termination of contract.The following three parts are the main contents of the research:The first aspect is according to the point of view of type of the dissolution of contract to establish the applicable scope and applicable basis of remedies of losses in expectant interest after termination of contract,and to explicitly support the situation of the claim of remedies of losses in expectant interest in the judicial practice.The second aspect is method for determining losses of expectant interest and principle of compensation system for expectant interest from breach of contract.IT forms Balance of payment value As a calculation method,and we could only calculate the amount of the fair loss by creating a combination of principle of compensation,mitigation,mixed fault,and deduction of collateral benefits.The third aspect establishes the relevant evidence rules of remedies of losses in expectant interest after termination of contract.It analyzes the Burden of proof of observant party,the Burden of proof of delinquent party and evidential burden distribute exercised by judge through the reasonable allocation of the burden of proof.This paper discuss some related systems of the conception through the above aspects of the comprehensive and detailed research and analysis,to perfect the system of remedies of losses in expectant interest in our country's judicial application.