Research On Compensation System Of Acquirable Interest In China

The status of acquirable interest compensation system in the contract legal system is not to be ignored,and it is also a difficult point in judicial practice.Article 113 of the contract law of our country indicates that the prospective interests of the contract should be protected.So what is the theoretical basis for the acquirable interests?What is the scope of acquirable interest compensation?How to determine the extent of the compensation for acquirable interests?Therefore,the connotation of the acquirable interest should be clearly defined,and the difference between the acquirable interest loss and other interests,such as the expectation of loss of interest,the performance of the loss of interest,the loss of trust and the loss of opportunity.At the same time,it further analyzes the legitimacy and rationality of the compensation of acquirable interest,how to apply the restriction rule reasonably and determine the calculation standard of the acquirable interest compensation.This paper contains five parts.The first part explains the purpose and significance of this thesis,and points out the feasibility of this thesis.Current economic of China is fast developed,the contract’s status is more and more important,if the parties to the contract cannot be guaranteed good expectations,to cause a decline in rate of contract is suitable,lower transaction efficiency.In the second part,the concept of the acquirable interest should be summarized as the acquirable interest of the acquirable interest.It has the characteristics of unavailability,uncertainty and relief.At the same time,it also expounds the feasibility and rationality of the acquirable interest compensation.The third part mainly investigates the legislation present situation of our country can get interest compensation,points out our country currently available interest compensation of various problems,such as indistinct definition can be acquirable interests to the judicial practice of problem of chaos,can get acquirable interest compensation without clear standards and calculation method,and can get profit limit rules apply chaotic problem.The fourth part is the historical acquirable interests compensation and enlightenment to our country,this chapter through to available markets both at home and abroad interests compensation rules aimed at providing reference for the interests of our country can get compensation.The fifth part is the most important solution to the problem of the system of acquirable interest compensation.First of all,the differences between the concept and the relevant concepts are clearly pointed out in the comparative field of view.The calculation standard and method of calculation are determined.And enumerated and clarified the applicable method of the acquirable interest limitation rule.This paper mainly adopts the method of comparative method,normal method and case analysis method.It is hoped that this article can contribute to the acquirable interest compensation system of China’s contract.