| Obtainable benefit compensation means that after the parties to the contract sign the contract,one party forms an expected value based on this,and the non-defaulting party claims that the breaching party continues to perform or compensates for damages that can replace the continued performance of the equivalent monetary loss.Article 584 of the "Civil Code" continues the provisions of Article 113 of the "Contract Law",only stipulating the available benefit compensation in principle,without further stipulating the calculation method.In judicial practice,on the premise of supporting the compensation of available benefits,the courts did not elaborate on the specific calculation rules for the compensation of available benefits,and mostly determined the amount of compensation.In the context of the Civil Code,the definition of the concept of available benefits is not consistent between academic and practical circles,and there is still confusion between available benefits and the concepts of "indirect loss" and "value-added benefits".The concept of available benefits needs to be further clarified;The difficulty of defining the concept of available benefits will also affect the determination of the scope of compensation.The determination of the scope of compensation directly affects the calculation of available benefits,so the first two need to be clarified.There are no clear standards,parameters,and methods in the application of the calculation rules for the compensation of available benefits.It integrates the calculation standards,scholars’ opinions,judicial cases,extraterritorial laws,etc.that should be compensated for breach of contract damages.It is found that the calculation standards,the selection of calculation parameters,and the selection of calculation methods have a direct impact The calculation result of the available benefit compensation.The calculation standards for available benefits compensation mainly include subjective calculation standards and objective calculation standards.Both are applicable in judicial practice.The subjective calculation standards focus on compensating the actual losses of the non-defaulting party and conform to the principle of complete compensation;the objective calculation standards focus on reducing the burden of proof.General compensation is given;the calculation parameters of the available benefit compensation are the scope of compensation,the interest loss to be deducted,and the cost to be deducted.The scope of the compensation for the available benefits should be determined in accordance with the rules of causality and predictability.Compliance with the characteristics of future,certainty,compensability,and expectation,and at the same time affected by the contract agreement,the nature of the contract,the performance of the contract by both parties,the purpose of the contract transaction and the purpose of the subject matter,etc.;the loss of interest should be deducted in accordance with the rule of profit and loss and offset The rules and derogation rules are determined,which mainly include the damage and salvage value of the subject matter,general savings benefits,taxes,property insurance funds,etc.The deductible costs are determined according to the nature of the contract and are the costs to ensure the normal performance of the contract.The calculation methods of available benefit compensation are mainly divided into parties’ agreement method,difference determination method,discretionary loss method,etc.,which are applicable in judicial practice.After determining the calculation criteria for available benefits,selecting parameters,and specific calculation methods,the available benefits are based on a typed analysis,which is mainly divided into different applicable scenarios such as production profits,operating profits,and resale profits.In order to verify the trial practice and theories and theories,we searched different types of profitable cases in recent years,focused on the integrated analysis of the "what this court thinks" part and the specific trial results,and further refined the calculation rules of different types of contracts and the specific calculation amount.Impact.Different types of available benefits compensation losses are mainly due to differences in the selected parameters,and the calculation standards and calculation methods are basically the same.The loss of available profits of production profits is commonly found in contract types such as purchase of raw materials,purchase of production equipment,construction contracts,and mining rights contracts.It includes two types of production and life,which are mainly affected by output,duration,selling price,and profitability.And other parameters;operating profit losses are mostly contract types such as contract operating contracts,lease operating contracts,etc.,which need to be determined through turnover and operating profit margins.In judicial practice,the parameters selected are mostly contractual operating income data,own operating income data,Others’ operating income data,etc.;resale profit loss is a relatively common loss of gains,most of which is an export trade contract type.The calculation parameters are mostly determined based on the market price,the difference between the resale price and the purchase price. |
