Since the publication of Fuller’s "reliance interest in Contract Damages","reliance interest" has been discussed in the world for more than 60 years without interruption.As a special type of contract,invalid contract is regarded as the most serious negative evaluation of the validity of contract because of its illegality,unvirtue and unpropriety.Under the "invalid",what criteria should we pay attention to in determining and calculating the scope of reliance interest? It’s a problem that needs to be solved.Firstly,the theoretical investigation of trust interest provides a theoretical basis for the compensation of trust interest damage in invalid contracts.For the concept of trust interest,there are disputes among "benefit theory","loss theory" and "change of situation theory".The Contracting party changed its position by exerting reasonable confidence in the formation and validity of the contract,which ultimately failed.Therefore,the trust interest is not only the loss suffered by it,but also the interest that should be compensated.For an invalid contract,the complete denial of its validity does not exclude the reasonable reliance of both parties from the scope of legal protection.Secondly,on the basis of examining the theory of trust interest,this paper studies the normative structure of trust interest compensation in invalid contracts.The current legislation of Our country has not made it clear that the legal consequence of invalid contract is trust interest damages,and the concept of "trust interest" is not found in the expression of Article 157 of civil Code,but it has provided a normative basis for the protection of trust interest in invalid contract in essence.On the basis of the right of claim,in order to fit the essence of "trust interest",we can absorb the more detailed and practical "trust factor" stipulated in the theory of liability for damages of trust interest on the basis of the more mature theory of liability for contracting negligence.In terms of the nature of the compensation for trust interest damages in invalid contracts,the reasonableness of trust factors is mainly investigated.After determining the existence of reasonable trust,the fault factors are mainly investigated.According to theoretical research and judicial practice,four kinds of compensation items are summarized: direct trust benefit,incidental trust benefit,opportunity loss and interest loss.On the basis of abstracting the calculation process,what calculation standard is applicable to the compensation of trust interest in invalid contracts? What rules are they subject to?Finally,the categorization and application of trust interest damages in different invalid contract disputes is the most important research issue.The typing study is based on the investigation of relevant cases in judicial practice.In practice,it mainly involves construction contract disputes,folk loan disputes,housing lease contract disputes and housing sales contract disputes these types of disputes.In the construction contract disputes of construction projects,the focus of dispute mainly involves project price,investment return,interest loss and tax loss.In judicial practice,the subjective conditions,background and ability of the trusting party and the opposite party should be combined to calculate the compensation for trust interest damage.In private lending disputes,the focus of the dispute mainly involves direct trust interest and interest loss.In judicial practice,the compensation for trust interest damage should be calculated in detail based on the duty of care and management behavior of the trusting party and the opposite party.In the disputes of house lease contract and house sale contract,the focus of the disputes mainly involves direct trust interest,loss of additions and loss of house appreciation.In judicial practice,the compensation for trust interest damage should be calculated specifically based on the parties’ preparation activities for concluding the contract and the specific contents of the contract. |