Research On Expected Benefits In Compensation For Breach Of Contract

Contract is the booster of contemporary economic development.With more and more economic activities,contract is gradually integrated into our life.However,in economic activities,the market subject does not abide by the contract from time to time,and the situation of breach of contract appears.At this time,how to determine the size of compensation for breach of contract is the focus of resolving contract disputes,and the system of compensation for breach of contract is the core of the contract legal system.The focus of breach of contract compensation is to compensate the expected interests of the parties in the conclusion of the contract,because the ultimate purpose of the parties to conclude the contract is to obtain their expectations and expected contract benefits after the contract can be fulfilled.Expected interests are mentioned in other departmental laws.The general meaning of the expected interest in the same law refers to the contract benefit that the parties to the contract can get after the contract is fulfilled during the contract period.After the contract has been fully fulfilled,the expectation of the parties has been realized,and at this time the expected interest has become a real contractual interest,so only in the event of breach of contract,it is expected that the interests will be claimed by the victim as a loss of contract interests.That 1s to say,the study of expected interests needs to be placed in the context of breach of contract compensation in order to have the significance and value of the study,so this paper intends to study the expected interests in the context of breach of contract compensation.Contract is a very important group in the legal system of civil law.In part,it also plays an important role in the development of contemporary economy.Whether in common law countries or civil law countries,contracts are an indispensable part of their legal system.In our country,the contract legal system also occupies an important position.With the development of our economy,more and more contracts are concluded in economic activities,and more contract disputes are accompanied by them.Because the current economic development of our country is not enough,the legal consciousness of-the public is weak,the breach of contract of-the market subject occurs from time to time,and the contract consciousness of the market subject needs to be strengthened at present.How to obtain compensation for the losses of non-breaching parties after breach of contract;and the scope of compensation is the key to solve contract disputes,so the scope of compensation for breach of contract has become a concern in theory and practice.The focus of this paper is to study the expected interests in breach of contract compensation,and to elaborate and study the connotation,extension,calculation method,compensation scope and so on of the expected interests.Protecting the expected interests of the party in breach of contract is the goal of contract law of various countries,and our country is no exception.However,the scope of compensation for losses caused by contract breach has always been controversial in the theoretical circle,coupled with the vague provisions of the law,resulting in different courts in judicial practice.The promulgation of Article 113 of the new Contract Law determines the legal status of expected interests and clarifies its role in the relief of compensation for breach of contract.Article 113 of the contract Law of our country stipulates "the benefits that can be obtained after the performance of the contract",that is,the expected benefits mentioned in this paper.However,the concept of expected interest has not been clearly put forward in our country,but the expected interest is mentioned in the judicial interpretation of contract law and contract law,the judicial interpretation of sale contract,and the expression of expected interest is different.The expected interest is the name of the contract interest in the common law system countries,and the civil law system countries call it the performance interest,but our country has not adopted the law of the expected interest,nor does the legal term adopt the legal concept of fulfilling interests.Not only the concept of expected interests has not been clearly put forward in our country,but also the calculation method,applicable principles and proof standards of expected interests in our country are lack of institutional norms.As a result,there are differences in application and greater discretion of judges injudicial practice.Due to the early start of legal system in common law countries,the study of expected interests is more in-depth,and the expected interests have been widely used in judicial practice.Therefore,by drawing lessons from the relevant provisions of other countries on expected interests,this paper puts forward some feasible suggestions to improve the expected interests in breach of contract compensation in China.This paper mainly adopts empirical evidence.And the research methods of research,comparative study and ease analysis are based on the relevant provisions of expected interests in breach of contract compensation in our country,and combined with the excellent legal system of foreign expected interests.This paper makes an empirical study and a comparative study on the expected interests in breach of contract compensation.At the same time,after China’s entry into the judicial practice of our country,this paper analyzes the judicial cases,summarizes the problems in the application of the expected interests of breach of contract compensation in the practice of our country,and then puts forward some feasible suggestions for perfecting the expected interests of our country.In view of the fact that the connotation and extension of expected interest in breach of contract compensation in China is not clear,the calculation method is not clear,the principle of compensation is not specific,and the proof standard of expected interest is not clear.In the absence of the situation,this paper puts forward some suggestions on the connotation and extension of the expected interest,the principle of compensation,the calculation method and the proof standard,so as to contribute to the development of the legal system of the expected interest in our country.