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Contract Research reliance interest damages

Author: HuaZuo
Tutor: GuanXiaoFeng
School: China University of Political Science
Course: Civil and Commercial Law
Keywords: Reliance interest Damages Culpa
CLC: D923
Type: Master's thesis
Year: 2010
Downloads: 302
Quote: 1
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Abstract

Contemporary Private Law, is being used by individuals to social standard based on protecting the interests of the trust is an inherent requirement of the principle of good faith and on the need for comprehensive protection of interests of the parties. With the global economic integration, social transactions become more frequent, we need to trust benefit compensation system to conduct a comprehensive, in-depth research. Whether in civil law or common law countries, reliance interests have been universally recognized and subject to different degrees of protection. In reliance interest on the issue of compensation, our transplant Culpa civil law system, but the interests of the trust in our studies related theory is not very deep. It should be noted that if a legal system lacks a clear concept and improve the theoretical system, the system's role in practice will also be affected. This paper aims to reliance interest on two legal damages as well as the system of the scope of compensation reliance interests, rules and restrictions applicable to the basic issues in-depth case study for China's reliance interest damages system improvement and development play a facilitating role. This paper is divided into introduction, body and conclusion of three parts: In the introduction, based on the trust of important legal interests perceived value based on the proposed trust benefit right to make a systematic study to deepen the understanding of the system is a crucial need for . Body part is divided into four chapters. The first chapter is to define the connotation of reliance interests. This article from the civil law and the common law concept of reliance interests start for the \induction, that the reliance interest is a contracting party inherent reliance lose interest. It is a pre-existing interests, it should contain the damages suffered damage and lost profits. The second chapter is two legal systems reliance interest damages comparative study. Through discussing the civil law and common law damages reliance interests emergence and development of the system, and thus reliance interest on the damages on two legal systems were compared and analyzed. Two Schools in reliance interest on the issue of compensation although there are specific systems as well as the different theoretical construct, but Culpa civil law and common law trust interest on the compensation system in the theoretical origins, but there is some overlap, and in function presents a fusion trend. The third chapter is about the true scope of damages and interest apply. First introduced the civil law and common law trust scope of compensation benefits. Secondly, limiting the scope of reliance interest compensation rules were discussed, were on the \contributory negligence rule \Finally, the reliance interests of several common compensation system and the more important specific application form, are: erroneous meaning of that revocation, unauthorized agency, the objective can not be paid from the beginning, malicious consultations unauthorized offeror revokes the offer, the contract is invalid Contracting the occasion of the deficiencies described obligations. The fourth chapter is to improve the system of reliance interest damages the legal countermeasures. Through the system of reliance interest damages the legislative status quo analysis, drawing on successful experiences in legislation and jurisprudence two legal doctrine on the basis of recommendations to improve the system of reliance interest damages Suggestions. Concluding part of the full text summarizes the proposed reliance interest damages perfect social system is also needed in order to fully and rationally regulate conduct between the parties contracting. In summary, the reliance interest damages establishment and improvement of the system, for the parties to engage in trading activities identified new rules of obligation; while the performance of such obligations for the maintenance transaction security, promote the concept of integrity is important. Thus, in-depth research contracts reliance interest damages related issues, will be China's reliance interest damages Perfect Legislation to provide reasonable recommendations on the administration of justice in the correct application of the law to provide theoretical support.

Contract Research reliance interest damages

Abstract

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