Research On The Reliance Interest Protection

Reliance interest protection is include of two aspects of content that positive reliance interest protection and negative reliance interest protection. Positive reliance interest protection means law gives a consistent with the legal consequences to the trusting person of good faith and legal status which the person trust, thereby protecting the positive interest of the third party. The interests of the reliance negative protection means that law on the premise of make unbalanced character protection of the appearance right person’s real rights or Intention expression of appearance person’s real meaning. For the trust people loss reliance interest because of people trust the legal status that is endowed with corresponding compensation claims. From the theoretical research results, our country academic circles have not yet formed the trust protection system research theory system. Although scholars have focused on the importance of reliance interest protection, but few scholars the special and comprehensive study on the reliance interest protection, formation of the theory of writing are also limited to a certain part of reliance interest protection. From the point of legislation in our country, although at the legislative level already contains the legislators need to focus on the trusty interest,and like the rules of agency by estoppels, bona fide acquisition system of rules and part of the contracting fault liability rules directly to highlight the protection of reliance interest. But as for the state ought to be, a little bit of legislation in our country as not take guarantee of reliance interest, it is difficult to form a huge change. It obviously with the civil and commercial matters in the judicial practice in a large number of reliance interest demands less.In this paper, reliance interest protection is the thrust of the article, with positive reliance interest protectionand negative reliance interest protection as the research path. Abstract in this paper, through the right table see responsibility together with the reliance interest compensation responsibility mechanism, refine combing rights table see specific responsibility, responsibility and trust interests damage compensation liability, in order to achieve to trust law to protect the subject matter of the claim to be one of the reliance interest protection rules system full build. This paper altogether consists of five parts. The first part is the basic theory of reliance interest protection, the second part is right appearance responsibility actively of the reliance interest protection, the third part is reliance interest compensation responsibility of the negative reliance interest protection, the fourth part of the reliance interest protection legislation present situation and the problems in our country, the fifth part is to perfect the system of reliance interest protection in China.This paper focuses summarized as follows:The first, legal basis of reliance interest protection. Brought forward that civil law theory which is the microcosmic basis of reliance interest protection, the principle of good faith which is reliance interest protection of medium and private law ethical requirements which is middle basis of reliance interest protection. The Sencond, the value orientation of reliance law benefit protection. Clearly put forward the form justice and substance justice equity, the static safety and security of equity, positive liberty and negative liberty essence of equity, efficiency and external efficiency of the value of the equity equity theory.The third, right appearance of liability applicable constitutive requirements。There are four requirements:Objective reality of exterior appearance is inconsistent with the real facts. Trust people have reasonable reliance on external appearance. There are those who are not subject to interest on the trust’s membership at a reasonable representation of the appearance of having a fault trust, right appearance of liability is necessity. The fourth, summarize the effect of right appearance responsibility.Fristly, this paper points out the ight appearance of liability applicable effect on the appearance of C (trust people) that is to give the appearance of representation to the status of the real state of the (defect correction effect).This effect is not compulsory contracting effect and make the selection of the right conferred by the trust people department legislators look right into force of such liability trust those who trust to protect the interests of senior or depth protection. Secondly, demonstrate the effectiveness of the right and not the appearance of responsibility in B (see table right person). Finally, we believe that the right to require the appearance of real responsibility right person for the trust’s obligation is to tolerate the appearance of appeal bears responsibility for the effectiveness of the rights of appearance. The fifth, reliance interest liability for damages is an independent status of contractual obligations. Pointed out that the reliance interest distinct from liability for damages for breach of contract, but also different from tort liability, should be an independent responsibility, and due to the occurrence of this type of contract conclusion responsibility are inseparable, it is located in a separate contractual obligations more accurate. Proposed reliance interest Elements liability for damages on this basis. The sixth, the compensation of reliance interest compensation responsibility scope. This section presents the reliance interest damages should include non-pecuniary damages, indirect damage to property, damages the interests of the trust should be limited in order to fulfill the interests, the interests of the trust shall not apply to damages for contributory negligence rules, but the rules should apply to offset losses. The seventh, establishment reliance interest protection in macroscopic. The paper points out the basic principles should be established to protect the interests of the trust, building trust framework to protect the interests of the rules, accurate delineation the boundaries of the contracting fault liability, for existing legislation Culpa rules give the necessary corrections.