On The Reliance Interest Damages

Reliance interest damages from the Roman law, to the20thcentury, two legalsystems in terms of their recognition at the theoretical level or judicial precedent andestablish. Civil law countries through contracting fault liability regime to protect thereliance interests, common law countries have adopted promissory to protect relianceinterests. Although the two legal systems of different design of the system, but thepurpose and the result is the same-to make the interests of the parties are fullyprotected. China’s reliance interest of a late start, theoretical research, there are someshort comings, the purpose of this paper is to draw national doctrine and system, theuse of comparative analysis of the concept of reliance interests to be defined. And as abasis to explore how compensate reliance interests are jeopardized, should follow theprinciple how to calculate the amount of compensation and other issues.Reliance interest is a form of vital interests in the contract law is the principle ofgood faith. China’s market economy is at a preliminary stage of development, moreand more intensive contracts between the main players in the market, which led tosome bad faith phenomenon that frequently appear, but because of the legal systemsare not perfect, perfect credit in the system is still not well the established, sodifferent co-contracting situations often occur, the interests of some market playersnot subject to comprehensive protection, resulting in a distrust of the market. If any ofthe resulting phenomenon of development rather than be stopped and punished, willmake the transaction costs has increased to reduce the efficiency of the marketeconomy, and China’s market economy credit system to establish a negative impact.Therefore, research on reliance interest, whether in theory or in practice are necessaryand meaningful.Doctrine on the concept of reliance interests are mainly the loss, the reliance interest damages to the interests of the loss of the starting point to define. Interests,said that the reliance interest in the contract after the establishment of a point to thefuture interests. Interests and the changing situation use the status of the parties whichto define. Professor Ma xin yan vested interests say that the reliance interest is usuallymanifested in the form established interests including property interests andopportunities for interests. In this paper, the definition of Professor Ma xin yan: itrefers to the contracting based on reliance for contracting, performance pay areasonable cost in the form, and through each other’s benefits can make up for theinterests of (Reply). And maintain the interests of the return of interests and fulfill theinterests of a distinction.Constitute the elements of this article draws on two elements at home and abroadthat the three elements, and based on the five elements that of the four elements thatconstitute elements should include the following aspects: the establishment of thelegal acts, including the legal acts establishment. But it does not occur the force oflaw and established and legally effective two kinds. Second, the facts of damages tothe occurrence have happened. Third, the occurrence of damages and obligations ofthe violation of have casual relationship. Fourth, the trust have good faith and withoutnegligence. Fifth, the compensation obligors have faults.Making the judicial practice simple, trust the interests of compensation for thecase type of main including contract does not hold, be revoked or invalid, the specificcircumstances as an offer to be revoked, the contract does not set up, a contract iscanceled, malicious consultation, no right agent and reward advertising was revoked.The case of a valid contract, including the expectation interests can not be proven ordoes not exist, occasions involving moral damages, the contract is not the properdischarge and breach of post-contractual obligations.Finally, part of damages trust the interests of the combined basis of its owncharacteristics, given the general method of calculation and formulas; whether or notto fulfill the interests of the highest limits in theoretical circles controversial, I think adistinction should be made between the specific circumstances, under certain circumstances can be break through in its interests; reliance interest compensationshould follow some principles, such as contributory negligence, the gains offset thelosses and the predictability of rules.