Research On The Judgment Rules For Contract Available Benefit Loss

Article 584 of my country’s "Civil Code" is the legal basis for "available benefits",and this concept is often involved in academic and judicial practice.Due to the characteristics of future and relative uncertainty of available benefits,judges take a conservative attitude,and it is difficult for the honest people’s claim for compensation to be supported.Therefore,it is very necessary for this article to study the damages of the contractual benefits.This article adopts the perspective of empirical analysis,collects and organizes relevant cases,analyzes sample cases from as many angles as possible,summarizes the focus issues,and systematically applies the analysis rules.This article draws on foreign experience and puts forward suggestions for perfecting judicial practice for the loss of available benefits and losses from breach of contract.The first part is empirical analysis.This article summarizes the focal issues in dispute based on the opinions of both parties in the judicial precedents and the different judgments of the court;The second part is an in-depth analysis of the rules for the judgment of the loss of available benefits.The foreseeable rules are substantive rules,and the deterministic rules are procedural rules,discusses the practical application of the rules;the third part puts forward corresponding suggestions for improvement.For foreseeable rules,analyze French legislation and judicial experience,exclude malicious breaches,and learn from the "rational man" method of predictable rules;for the application of certainty rules,analyze the practices of American courts and adopt reasonable certainty standards;in terms of perfecting calculation standards,Propose calculation standards for the classification of resale profit loss and operating profit loss.