In both Continental Law Legal System and Anglo—American Law Legal System, reliant benefit has been well-acknowledged and protected to some extent. Compared to some foreign countries, the study of affiance benefit theory has not been carried out in depth and has yet formed an integrated system. In fact, this theory has shown great importance in the course of both conclusion and implementation of contracts. This dissertation, which scholars inboard merely investigates, is aimed to present the author's own opinion and suggestion towards the affiance benefit theory according to China's situation, which would be of help to basic theory study of contract law, by the methodology of comparativeness and case law study.Structure of the dissertation:Section One: The origination and evolvement of Affiance Benefit Theory. Emphasis is put upon Jerry and Fuller's theory, especially by which the impact been generated.Section Two: Comparison on excogitation for institution between Continental Law Legal System and Anglo—American Law LegalPart One: Despite the different theory, both Continental Law Legal System and Anglo—American Law Legal System have common in sourcing of responsibility for indemnity for affiance benefits.Part Tow: Dissertation on coverage of indemnity of affiance benefits of both Continental Law Legal System and Anglo—American Law Legal System. These two systems differ in several aspects of coverage.Part Three: Discussion of method and scope of indemnity of affiance benefits. The Continental Legal System mainly contains two methods of indemnity: unscramble and pecuniary compensation. There are two key points, first of which is the range of beneficiary of indemnity, second of which is the definition of indemnity for which the obligor is responsible. The indemnity category of Continental Legal System consists of property impairment and non-property impairment. More over, the property... |