Reliance Interest On The Civil Law Compensation

Social development has made person-to-person communication and Commodity Exchange more and more frequent. As early as ancient, China has advocated "words will do, appointment," "s word is as good as his bond". In the modern market economy condition, people are involved in the deal in their own behavior of different level so that every market participant is required to earn money without the damage of others or the social public interest. They should be required as honest businessmen. Our government also proposes to advocate the establishment of good faith society.The traditional contract law has do the rules from the legal provisions of contract to design spirit after concluded the rights and obligations of the parties, which guarantees the principle of good faith to be in the implementation of effective after the start of trading,. But the scope of protection does not extend to deal before the start of negotiations stage to contract not set up, or the invalid or revoked in processing. Reliance interest protection system has made up for it with a defect.This paper is divided into five parts. The first chapter for the Reliance interest of the connotation of interpretation. The Reliance interest is known as the definition of academic debate exists mainly loss said and interests. The author combined the said of the advantages with disadvantages of the two theories to put forward the concept of the Reliance interest Reliance interest. Because misses is likely to be or has been Reliance by the loss of profits and pay the corresponding cost. Another trusty interest has inherent sex and the preexisting sex, rationality and predictability, dependent, and because of the Reliance and goodwill of lost features. And the Reliance interest is different from maintain interest, return interest, looking forward to the concept of interest.The second chapter expounds the history origin, theoretical foundation, constitutive requirements and so on of Reliance interest compensation system. The Reliance of continental law system interest protection is beginning from of the right of Roman law originated in buying and selling, which is put forward after the forest after the liability for fault to a continuous development mature. The Reliance of Anglo-American law system interest protection is originated about for socialist. And Fulham did a comprehensive system of interpretation after the Reliance interest. The development of the Reliance interest protection is mainly beginning with the principle of good faith. Determine the transaction expectation. Protect the transaction security. Scholars have more view about interest compensation. The author thinks that violates the contract obligations, in violation of the first party existence fault, reasonable trust, are the causal relationship exists for its constituents.The third chapter lists the mainly applicable scope of Reliance interest compensation system, which different countries have different rules. However the universal protection provisions are: malicious consultations, a reward in violation of the contract, advertising, the objects in violation of the attached obligations, and offer cancellation, contract cancellation, invalidity, conditions of the Reliance interest protection.The fourth chapter expounds the Reliance interest of the compensation extent which mainly includes the loss and damage interests. The author thinks that because the chance interests is difficult to determine its out, is not conducive to protect the safety of transactions, to how to determine the academic loss are discussed. In addition on a proper damage, as Reliance interest protection is apt to cause the object, the discretion of the judge's abuse. At the same time the Reliance interest, of the compensation extent should use reasonable foresee ability rules, negligence offset principle, profit and loss balance principle, and at the same time limit on the Reliance interest ,compensation academic interests is limited to fulfill should discuss, the author thinks that perform interests of the contracting people is the maximum protection, such as beyond the scope of protection, can make a contracting have won the foreign contracting outside harvest, go against the establishment of fair trade order.Finally, the author of the Reliance interest protection system in China is analyzed and put forward its own improvement Suggestions.In this paper, the author summarizes the writing about Reliance interest protection part of the theory, which based on and proposed some ideas, the deficiency, please comment.