中美履行利益的赔偿范围比较研究

Comparative Analysis of Compensation Scope for Positive Interests between China and America

买受人拒绝履行契约时,应当赔偿出卖人履行利益的损失。但在出卖人将标的物转售的情形下,买受人是否可以因此主张减轻或免除其对出卖人履行利益损失的赔偿责任?通说认为应当如此。与美国相关法律及判例比较,我国现行法的规定存有疏漏,相关立法亟需完善补缺。

The buyer who refuses to carry a contract, should compensate the loss for positive interests of the seller. Under the circumstance that the seller resale the subject matter, whether the buyer can hold to be diminished or exempted from the compensation of the loss for positive interests？ Generally speaking, the answer is positive. Compared with American law and precedents, there are some oversights in the regulations of China about this question. Some suggestions are proposed to amend these shortcomings.