Study On The Scope Of Compensation For Losse Of Expected Benefits Of CISG

Since the United Nations Convention on Contracts for the International Sale of Goods(hereinafter referred to as CISG)came into force in 1988,it has gradually developed into a unified substantive law for the sale and purchase of goods worldwide.The application of the Convention to settle trade disputes,especially the compensation for breach of contract damages,has accelerated a lot.The losses caused by the breach of contract not only include actual losses,but also the losses of expected profits that can be obtained depending on the normal performance of the contract.However,CISG’s recognition of such losses is relatively vague.The general provisions and the subjectivity of judges’ artificial interpretation tend to lead to the contradiction in judicial judgment,which is detrimental to the relief of the rights and interests of the injured party.In order to clarify the unified definition and application of the scope of compensation for the loss of expected interest,the text will be expanded from five aspects.Part Ⅰ introduces the general theory of compensation for the loss of expected interest.Main viewpoints include:expected benefit has future-oriented,predictability and relative certainty.Also,this benefit is different from the available interest and expected benefit(the statement in the common law system).Compensation for this benefit is conducive to the realization of transaction value,so the injured party should have the right to claim compensation.Part Ⅱ is the analysis of the relevant provisions on compensation for the loss of expected interest under CISG(art.74-77).Also,the connotation and calculation requirements of the restrictive provisions are clarified according to the particularity of anticipated benefits.Part Ⅲ is a comparative law investigation.By comparing relevant international legal documents and laws of major countries in the two legal systems,we can find out what needs to be improved in the relevant rules of CISG to limit the scope of the loss of expected benefits.Part Ⅳ then focus on solving the problems found in the above comparison,including improving the specific content of the restrictive rules,confirming the compensability of non-property losses,and focusing on the calculation of loss of profit and loss of opportunity.Part Ⅴ starts from the comparison between the CISG rules of compensation for loss of expected benefits and relevant domestic laws and regulations,analyzes the current practical application of domestic judicial organs,and finally implements the legislative improvement of this rule in the domestic contract law.