Judicial Determination Of The Attainable Interest In Default

The compensation of attainable interest is a kind of remedy for breach of contract according to the law of our country.Its purpose is to make the interests of the non-defaulting party reach the state of normal performance of the contract,which should be regarded as the main form of liability for breach of contract.Although the concept of available interest has been clearly defined in our legislation,there are no specific provisions on the basic connotation of available interest,the determination of scope,the calculation of amount.The paper follows the logical idea of "putting forward problems-analyzing problems-solving problems ".On the basis of typical cases,the paper puts forward the related problems of attainable interest.After combing and summing up the benefits of judicial recognition and calculation methods.At present,the legal expression of attainable interest is "the benefits that can be obtained after the performance of the contract ",which is caused by breach of contract,according to the result of damage,the key is causality,which has the characteristics of fictitious,relative certainty,expectation,purity and so on.Available interests and trust interests are not complementary,they can not be claimed at the same time,but can choose one.For the judicial determination of attainable interest,our country adopts the "principle of full compensation + restrictive rules".The principle of full compensation requires the breaching party to compensate the non-breaching party for all the losses,without adjustment due to the subjective factors and compensation ability of the breaching party,nor does it require the breaching party to bear punitive damages.Restrictive rules are based on the principle of fairness and the limitation of the principle of full compensation.The two aspects complement each other and jointly safeguard the legitimate rights and interests of both parties in the contract.The calculation of attainable interest has not been unified and standardized.According to the current academic theory and judicial practice,the main methods are convention,typology and discretion.Different methods have their scope of application and matters needing attention.In judicial practice,they should be used reasonably according to the actual situation of the case.