【作者】 张国林；

【导师】 孙学致；

【作者基本信息】 吉林大学 ， 民商法学， 2007， 硕士

【摘要】 本文通过对期待利益的各种观点进行比较分析,得出期待利益的概念,认为期待利益是当事人在订立合同时所期望从交易中获得的各种利益的总和,包括合同履行后可以获得的利益和因违约而导致的现有财产的减损灭失和费用的支出。通过对方的给付使合同达到如同履行完的状态。接着,笔者对期待利益的规范形态进行了分析,又探讨了期待利益与其他合同利益的关系,并对期待利益的一般计算标准进行了分析,且该标准要受到可预见性规则与减轻损失规则的限制。总之,期待利益在合同法及违约救济中占重要地位。更多还原

【Abstract】 Protecting the right of a litigant of a contract is the core of the Contract law and protecting the promising“expectation interest”is the aim of the Contract law in different courtries.The expectation interest plays a critical role in the contract of damage reparations.The Contract law in our country also has such relevant rules,but it is much different from that of other countries in understanding.So,this paper analyses the expectation interest reasonablely on the basis of drawing on other countries mature rules.In addition to the foreword and the conclusion,the paper is devided into five parts.The first part,It begins with metioning the expectation interest,through the comparing analysis of the expectation interest in two different law system,and obtains the concept of it and its law feature.That is,the expectation interest is the total benefits which the litigant expects and believes to obtain when making the contract,including the interest obtained after fulfiling, the contract and the expenses of properties and fees spent because of violating the promise.It is the expectation on the basis of valid founded contract,and the value on the basis of fulfiling the contract.If the contract is violated or dismissed,the victim can’t obtained it though fulfiling the contract,the missing benefit is called the missing of the expectation interest.The paper clarifies that the standard meaning of the expectation interest is to protect the litigant to realize the promising aim.The second part,It describes the state of the expectation interest.The protection of it is realized through investigating the responsibility of damage reparations of the side which violats the promise.In the violating stage,no matter what kind of responsibility undertaking method is used, the aim is to protect the contract to be fulfiled,make it reach the level of fulfiling,and protect the expectation interest of the damaged side.But in the stage of misundertaking the promise,whether it can be protected with the expectation interest or not,the changable interest which is lost because of the litigant’s thust in misundertaking the promise includes the expectation interest. in the deal,but he can also realize it through the deal. If the changable interest is lost,it means he can’t obtain the expectation interest through the deal,that is the loss of it.So,there is no difference between protecting the expectation interest and protecting changable interest.The third part,It describes the relationship between the expectation interest and other contract interests.In this relationship the maximum of the expectation interest and necessary trust can be balanced relatively,trust interest only fills in reasonable paying contract cost, it isn’t the new adding interest beyond the original interest from the litigant.The expectation interest not only makes all kinds of interest restore to their original,but also makes trust interest be included in reparations.If the founded contract is efficient ,but it is not fulfiled or it is fulfiled partly,it will enlarge the responsibility of the contract not only in reality but also in the fature.So as to reach the largest extent of protecting the contract’s interest.In the description of the expectation interest and the restitution interest,the restitution interest includes neither the missing benefit of the damege side, nor the fees whice don’t bring any goodness spent because of trust to it.So,the expectation interest is the most favourable interest which can protect the damaged side and makes a larger room in the deal.The fourth part,It describs the loss scope of the expectation interest and common calculating methods.In the relationship between the expectation interest and the reliance interest we find that the comcident trend of the two sides enables the same reparating item to be merged into either of them.That means they can be combined into one case,so sometimes it appears that the defedent protects the plaintiff list the same damage twicein different names.In the meantime,it also analyses the common forms in the contract of buying and selling.The fifth part,It mainly describes the reparating rules of the expectation interest.The aim of the reparation is to compensate the whole loss of the victim.But under the predictable rules,we should also limit the responsibity of the litigane who violates the promise in the predictable scope,that plays a critical role in developing the business activities and protecting it to progress normally.If the expectation interest is limited with reducing and loss rules it can’t expand too large to be controlled.When the loss happens, the victim is only people who can control the damage effectively,and the cost will be minimum if the he can share the reponsibility.When he can’t control this risk to expard,he should share the loss ,so that he can protect the henefit of the contract better,in case of the waste of the social resources.In a word, it is an important aim to strengthen the admittion and protection of the expectation interest in our Contract law,and to oppose both positive and negative dealing methods.The victim can try to obtain the whole benefit through the compensation.更多还原