信赖与信赖利益赔偿新论

Study on the Reliance and Reliance Interests Compensation

信赖和信赖利益赔偿并无必然联系,信赖利益赔偿与过错也无必然联系,信赖利益赔偿与期待利益赔偿也非绝对的排斥,在例外情况下可以同时主张,信赖利益赔偿不限于合同不成立、无效或被撤销的情形,在合同合法有效但又不适宜给予期待利益赔偿时,也可以适用信赖利益赔偿。

Currently there are a lot of research and discussions on reliance and reliance interests compensation,but several issues are not very clear.In fact,reliance has no necessary relation with reliance interests compensation,nor has the fault with reliance interests compensation;reliance interests compensation and expectation interests compensation are not absolutely exclusive,and in some cases both are available.Reliance interests compensation is not only suitable for the void contract or the revocable contract,but also suitable for the contract which is valid but it is not appropriate to give compensation benefits.