An Empirical Study On The Compensation For Loss Of Benefits Obtained From Breach Of Contract

Compensation for the loss of benefits obtained from breach of contract is a hot issue discussed in the field of contract law,as well as a difficulty and blind spot in practice.Article584 of the "Civil Code" follows the provisions of Article 113 of the "Contract Law" concerning compensation for loss of available benefits,but does not specify the specific criteria for determining the predictability rules.The judicial interpretations also provide too much evidence on the burden of proof and calculation standards.Generally speaking,the judge’s determination standards are different,and the odds of the observant party are generally lower.Based on the current status of judicial application of the system of compensation for benefits and losses from breach of contract in my country,this article sorts out the 265 effective cases that have been screened out,sorts out the problems in judicial practice,and combines relevant theoretical knowledge to form a complete system for this system.Cognition,and then put forward suggestions to make this system more operability and certainty,mainly includes the following five parts.The first part summarizes the focus and difficulty of disputes in the case of compensation for loss of available benefits through the introduction and analysis of typical cases.Is it confirmed? What standard is adopted to determine? How to calculate? It is the focus of dispute between the plaintiff and the defendant.The concept of loss of available benefits is difficult to understand,and it is easy to confuse with other concepts of compensation for losses.There is a lack of uniform standards in the determination.Not only is it difficult for the judge to determine,but it is also difficult for both parties to provide evidence.The second part analyzes the difficult concepts involved in practice.Clarify the connotation and characteristics of available benefits,analyze the confusing concepts of available benefits and direct losses,indirect losses,reliance benefits,performance benefits,and loss of opportunities,and systematically and completely understand the concept of available benefits.The third part introduces the current status of judicial application in cases of compensation for loss of available benefits.First of all,use graphs to show the number of cases in the past ten years,geographical distribution,case statistics,court level and trial level,etc.,to intuitively understand the overall application status.Secondly,through a specific analysis of 265 cases,it was found that the odds of the observant party was only 6%,and there was a clear disconnect between system regulations and judicial practice.The fourth part sorts out the problems of the system.Including the general vague predictability rules,the difficulty of the observant party’s proof,the high standard of proof,the lack of calculation standards,and the confusion with liquidated damages,these problems are also the reasons for the low odds of the observant party.The fifth part aims at the above-mentioned problems,combined with relevant theoretical knowledge,and gives suggestions for perfecting the compensation system for the loss of benefits and losses obtained from breach of contract in our country.Including the improvement of predictability rules,the reduction of the burden of proof for the observant party,the improvement of the calculation methods and standards for gains and losses,and the clarification of gains and losses and liquidated damages.