Research On The Compensation For Trust Interests Damage In Breaching Of Contracts

Generally speaking,the birth of the reliance benefit does not emerge out of the void,but is rooted in legal practices of countries in the two legal systems.Continuous improvements of the society has brought diversified business models and different transaction types.For the purpose of maintaining the mutual security of civil and commercial behaviors among those trusted subjects,the protection between the subjects who obey the established contracts is obviously lacking of sufficient thickness.Therefore the spirit of the protection is willing but the flesh of it is weak.Then the protection system of trust interests gradually came into being.It is not shackled by the original single protection mode,and does not belong to the contract relationship system,but it is a new method to protect the trust interests in private law.However,considering the nature of the elements,components and protection methods of trust interests,there are still many unresolved issues regarding its specific nature in the academics.In our country,its connotation has not been clearly defined in the law.There is little unified conclusion between theoretical community and practice areas.In addition to the Liability for negligence in contracting,it is seldom involved in the damage compensation caused by the Default behaviors.This paper aims at clarifying the theory and concept of the interest,stripping the scope of compensation and the application of the situation,etc.,and giving my own views on the system establishment.This paper is divided into four parts:At first,the author explains the current situation of the trust interest system in Chinese laws,which is the core of this thesis.After that,the author analyzes the necessity of discussing the trust interest system.Analyzing the gains and losses of the trust interest system in China,and then starts the research on the trust interest damage compensation.Secondly,the writer try to explain the meaning of the interest and the connotation of the system of trust interest,analyzes its virtues and imperfections through learning sorts of theories of the meaning of it,and then obtains the concept of trust interest.By tracing the history of the emergence of trust interest and the system application of trust interest in different legal systems,the author understands the causes and gains and losses of the legal system of trust interest under specific social background.The third part distinguishes the system of compensation for damage of trust interest and performance interest in breach of contract,and discusses the specific application of compensation for damage of trust interest,such as its constituent elements and compensation for non-property damage.The fourth part analyzes and looks forward to the construction of the trust interest system in breach of contract based on the practicability and current shortage of the trust interest damage compensation in breach of contract.