An Analysis On The Legal Issues Of Compensation For Loss Of Obtainable Interests

As a kind of future benefit,the loss of obtainable interests is often manifested as a loss of property benefit,which is particularly important in the commercial society.All countries in the world do not deny the compensation for loss of obtainable interests,but impose necessary restrictions on compensation for loss of obtainable interests through relevant rules,so as to realize the rationality of compensation for loss of obtainable interests.Both the legislation of various countries in the world and the legislation and judicial practice of compensation for loss of obtainable interests in China show that compensation for loss of obtainable interests is not exclusive to contractual liability,and tort liability also exists.Analyzing the legal issues of compensation for loss of obtainable interests in China is conducive to providing a basis for the improvement of civil legislation for compensation for loss of obtainable interests in the future,and providing guidance for the adjudication of compensation for loss of obtainable interests in China.Through investigating the judicial practice of compensation for loss of obtainable interests in China,it is found that the concept of loss of obtainable interests in China is confused,the scope of compensation for loss of obtainable interests is unclear,the determination of compensation conditions is unclear,the calculation standard of compensation amount is vague and depends on evaluation,and the proof standard of compensation amount is unclear.Therefore,there is room for perfection in the law on compensation for loss of obtainable interests in China.The experience of compensation for loss of overseas profits has provided important enlightenment for the solution of the existing problems of compensation for loss of obtainable interests in China,and the improvement on compensation for loss of obtainable interests in China in the future should be started from three aspects: First,in terms of the legal perfection of the loss of obtainable interests in the contract liability,the conditions for determining compensation and the content of compensation limitation rules should be improved,the application of the compensation limitation rules should be improved,and the usual calculation standards for compensation should be explored;Second,in terms of the improvement of the law on the loss of interests that can be obtained in tort liability,the legal source of compensation in general tort liability should be determined,the conditions for determining compensation and the application of the qualifying rules should be clarified,and the methods and standards for calculating compensation should be clarified;Third,in terms of the rules of proof and the standard of proof for compensation for loss of obtainable interests,the standard of proof for the certainty of loss of obtainable interests should be appropriately lowered,and the standard of "lower certainty" should be adopted,allowing people’s courts to make determinations based on logical reasoning such as daily life experience,trading habits,or industry habits,and reduce the burden of proof for the loss of profits claimed by the parties,Further improve the allocation of the burden of proof to reduce the burden of proof for the parties’ compensation for the loss of profits they claim.