| The compensation for the loss of attainable interests is a focus issue both in judicial practice and in legal theory research,because the existing article 113 of the contract law and article 584 of the civil code which will come into effect are too general for the determination of the loss of attainable interests.The uncertainty of legal rules brings great difficulty to the judicial judgment,especially to the problem of the difference of judgment scale.The difference of judgment conclusion makes the parties unable to obtain reasonable expectation of their own behavior.As a common remedy for breach of contract rights in the process of free trade activities,the system of compensation for loss of available interests plays an important role in the strict execution of the contract and the acquisition of benefits by the parties and the reasonable assessment of the risks in the process of contract performance.It is the reasonable protection of the non breaching party when the contract can not be performed.If the judicial power is not used to adjust it,after the breach of contract,the rights and obligations of both parties will inevitably be unbalanced.The defaulting party intends to obtain more benefits through breach of contract,but for the non breaching party,it obviously loses the available benefits under the normal performance of the contract.As far as the compensation for the loss of available interests is concerned,the key problem to be solved is to make the determination rules of the loss of available interests more clear and specific.Article 113 of the contract law clearly defines how to protect the loss of the party’s available interests and specific foreseeability rules,but it is rarely used in practice,while there is no definite definite rule in legislation,but it is widely used in practice.This judicial situation is not conducive to the protection of the non breaching party’s available interests.On the contrary,it will affect the realization of the expected purpose of the contract and hinder the market transaction.Therefore,how to improve and establish the deficiencies and deficiencies in judicial practice has become a very meaningful research topic.Firstly,this paper combs and discusses the theoretical basis of the loss of available interests,and studies the theoretical basis of the rules for determining the loss of available interests.Through sorting out the judicial documents,it is found that there are some differences in the selection of the applicable rules of law and the way to determine the loss in the current judicial activities,and these problems eventually lead to different judgments in similar cases.The innovation of this paper is to find the mainstream legal application rules on the determination of the loss of available interests from the judgment point of view of the highest judicial body in China,and use data processing tools to carry out empirical analysis on the real judgment data in the existing judicial document network,and discuss the path selection of the determination of the loss of profits and losses. |
