On Fuller's Theory Of Trust Interest

In the era of economic globalization,transactions are increasingly frequent,and people pay more and more attention to the stable and safe transaction order.As the superstructure of the contract law,also gradually from the "personal standard" to "social standard" and the transfer.Therefore,as a concrete reliance benefit of the principle of good faith,the incorporation of it into the protection system of the contract law is also a response of the law to the practical needs.reliance interest is not a new concept,and it has been protected to different degrees in both civil law countries and common law countries.At present,the most important protective measure for the reliance interest in our legislation is the contracting fault system.In addition,there is no clear definition of reliance interest in Chinese contract law,and no systematic protection is established.When discussing the theory of reliance interest put forward by RON fuller,he actually put forward a method to protect the contract interest which is different from the traditional contract law.Fuller's theory broke the traditional binary thinking system of "contracts-tort",redefined the types of contractual interests,found the existence of reliance interests and the necessity of protection,and finally provided more comprehensive protection for both parties.In fact,there is a trend of gradual integration between the two law systems.After the reform of the civil code in Germany,fuller's theory of reliance interest has been integrated into the German civil code.In a word,China's reliance interest protection legislation is in a relatively backward state,lacking a clear definition of reliance interest and a complete protection system.In conclusion,we need to conduct in-depth and systematic research on reliance interest.During the compilation of the civil code,the author tries to put forward some reasonable Suggestions for the compensation system of reliance interest in China.Generally speaking,this paper mainly discusses from the following five parts:The first part,clarify the relevant system.There are four theoretical sources of the theory of reliance protection: fuller's theory of reliance benefit,yellin's theory of contracting fault,the theory of promise estopper in Anglo-American law and the theory of appearance of rights in German law.The author analyzes from the perspectives of legislative background,meaning,legal consequence and meaning,and clarifies the vague understanding and research errors in the academia while revealing the differences of similar theories,and finally clarifies the basic connotation of fuller's theory of reliance interest.The second part discusses the legitimacy of legal protection of reliance interest.Although fuller's theory of reliance benefit is regarded as a great discovery in both theoretical and practical circles,the controversy about it never stopped.One of the most intense is,can protecting only the expected benefit achieve the goal of protecting the relianceed benefit? Finally,the author points out through the analysis that the protection of the expected benefit cannot achieve the goal of protecting the reliance benefit in the absence of or unable to prove the existence of the expected benefit,the reliance benefit exceeds the expected benefit,and the opportunity loss,and these three cases are also cases where the reliance benefit can be applied as the basis of separate claim right.The third part discusses the connotation of reliance interest.Firstly,through the domestic and foreign scholars on the connotation of reliance interest,and then from the perspective of logic and legal language analysis and analysis,finally summed up the reliance interest of its own characteristics.To sum up,it is concluded that the reliance interest is subordinate to the contracting act,and the contracting party's existing and inherent contract interest,including the loss of interest and opportunity loss.The fourth part discusses the protection of reliance interest.Firstly,the legal legitimacy of reliance interest protection is demonstrated.Secondly,different types of reliance interest protection paths are distinguished by different degrees of legal intervention.If the degree of legal intervention is low and the tendency is to respect the freedom of contract,the law takes the negative protection and the relianceor gets the damages.But the two paths are not an either-or relationship,but a logical fit.The fifth part discusses China's reliance interest protection system.By analyzing the status quo of legislation and judicature in our country,we find that the concept of reliance interest is not clear and the protection system has not been established.