合同法上的信赖利益保护

The Protection of Reliance Interest on the Contract Law

百余年来,学界对信赖利益的广泛争论一直未达成共识。从起源来看,大陆法系的信赖利益保护的法理基础是耶林的缔约过失理论,英美法系信赖利益保护的法理基础是富勒和帕迪尤提出的"信赖利益"。两大法系都通过立法对信赖利益进行保护。我国应系统地借鉴他们的理论体系,联系实际,进一步完善合同法上的信赖利益保护体系。

Since reliance interest have been proposed,it has always been attracting much attention and causing widespread controversy.Scholars have their own emphasis on reliance interest and even now have not been able to reach an agreement.But one thing is common knowledge that the objective existence of the reliance interest and its importance has become increasingly prominent.To clear the line of the context and to combine various views of reliance interests of the current protection of two legal systems on reliance interest,the differences of two legal systems is discussed.So there will be a guide and reference meaning on this field of our country.