Study Available To Protect The Interests Of The Law Of Contract

With the rapid development since the reform and opening up of China’s economy, the contract is no longer limited to the areas of civil life. Especially in commercial activities, along with the decline of proprietary trading theory, fancy parties to the contract not just get timely exchange of interests, but saw after the contract with the availability to give their interests. Modern society is large-scale production enterprise, the increasingly close links between enterprises. Protection can be obtained not only help protect the interests of the seriousness of the contract,reduce the default; to encourage the parties to maximize profits; and more conducive to the protection of the normal operation of the market economic order.Liquidated damages is an important part of contract law, and Breach of interest is to accompany the liquidated damages in the important and difficult. "People’s Republic of China Contract Law" Article 113 expressly provides for the non-defaulting party may have interests to protect. Generally refers to the possible benefits, the normal performance of the contract after the party can be obtained in addition to fulfilling the potential benefits of the expected benefits, or because one party defaults lead to other existing property should be increased without increase or detract from that part of the property. The possible benefits of having the characteristics of the future, property and uncertainty. However, due to the lack of relevant laws and judicial interpretations explicit identification methods and calculation criteria, making it possible to obtain compensation and benefits identified in the plight of our judicial practice of the many.This article is based on the available interest resolve the plight of judicial practice was writing. In this paper, the use of case studies, historical research,comparative studies and other research methods in law. Taking the case study for the beginning, and then ask questions. Then analyze Breach of interest and value theory to explain the significance and the importance of protecting the possible benefits.Then you can get benefits and compensation elements possible benefits of specific forms and different calculation methods have been studied in detail in the article on the last possible benefits and compensation rules shortcomings perfect constructive proposals with a view to enhance the possible benefits compensation in judicial practice operability.