| An available interest is a benefit that can be obtained in the future as a result of the performance of a contract.Civil and commercial activities are not isolated and,in general,a breach of contract will inevitably result in damage to available benefits.China’s current legal system provides for "shall compensate" compensation for damages to obtainable interests,but does not provide for the determination of obtainable interests and the scope of compensation,and thus there are many disputes in theory and judicial practice.The purpose of this article is to analyze the underlying reasons for the support and non-support of claims for damages for available interests in judicial practice based on the existing theory of damages for available interests,to analyze the underlying jurisprudence and legal values,and to discover the experience and practices worthy of reference in judicial practice,with a view to being widely used in judicial decisions and adding highlights to the construction of the compensation system for damages for available interests.The first chapter of the article uses judicial cases as a guide to analyse the legal basis on which the courts of first instance,second instance and retrial made different judgments on the claims for compensation for the benefit of breach of contract on the basis of consistent findings of facts,mapping out the current problems faced by the compensation for the benefit of breach of contract as "what is the jurisprudential basis for supporting or denying the claim for the benefit of contract"."The scope of interest damages" and "how interest damages should be calculated".The second chapter discusses the general theory of the compensation of interest,focusing on the concept of interest and the characteristics of futurity,uncertainty,availability and multiplication,identifying the concepts of "inherent interest,performance interest,expectation interest and loss of opportunity",and defining the scope of interest;at the same time,from the legislative history and function of the compensation of interest for breach of contract It also further clarifies the basic view of "shall compensate" from the perspective of the legislative history and value of compensation for breach of contract.The third chapter is a judicial investigation of the compensation of interest available,in which the cases in the selected sample are summarised and the claims are supported and not supported."The author points out the shortcomings and inadequacies of the current system of compensation for At the same time,the judicial decisions that take into account the interests of both parties and balance the responsibilities of the parties are worthy of reference and provide new ideas for future benefit cases;and from the cases,the possible negative effects of confusing similar concepts,incentivizing over-investment and improperly expanding losses,which tend to support the benefit indemnity,are identified.The fourth chapter proposes the improvement of the compensation system for the benefit available,firstly clarifying that the benefit available for breach of contract should be compensated,and secondly proposing improvement measures in terms of the certainty rule,the derogation rule and the foreseeability rule,etc.The foreseeability rule distinguishes between the fact and the amount of foreseeable Chengdu,the certainty rule introduces the standard of "reasonable certainty",and the derogation rule fully considers Through the improvement of the above rules,the liability and obligations of the defaulting party and the defaulting party will be balanced,and the benefit of the breach will be limited to a relatively certain scope,so as to establish a perfect theoretical basis for the compensation of the benefit. |
