可得利益在工程索赔中的冲突与平衡

Conflict and Balance of Benefits Available in Project Claims

作为一种期待利益,违约可得利益仍然具有现实性。对工程可得利益损失进行赔偿,是保护利益增值性的必然要求,不仅符合法律规定而且反映客观现实。通过合理预见、减轻损害、损益同销规则限制赔偿范围,坚持可得利益索赔数额的高度盖然性证明标准,可以保证当事人之间的权利义务关系处于平衡状态。

As a sort of expected benefits, benefits available of breach of contract is still realistic. Compensation for the loss of project acquirable profit is an inevitable requirement to protect the value-added benefits capability, which it is not only in conformity with the law and reflects the objective reality. Through reasonably foresee, mitigate damage, profit and loss with the sale to restrict or confine within the compensation bounds; adhere to the evidence standard of utmost probability of the amount of benefits available claims, we can guarantee the rights and obligations between the parties in a state of equilibrium.