论违约损害赔偿制度中的可得利益赔偿

Interest Compensation in Damages for Breach of Contract

可得利益是指合同债权人在合同全面适当履行的基础上,依据已采取的措施或准备,可预期取得的财产增值利益。赔偿违约可得利益既是完全赔偿原则的要求,也是维护合同严肃性、保持交易秩序的要求,也符合世界合同立法的潮流。在确定可得利益赔偿的数额方面,一般采用主观赔偿规则和客观赔偿规则。

China＇s ＂Contract Law＂ provides the compensation of expectant interest of breach of contract. This article holds that the expectant interest refers to the contract creditors, on the basis of fully appropriate to fulfill the contract, in particular in accordance with the fact that the measures have been taken or can be expected to achieve the interests of the property. On one hand, the principle of full compensation calls for compensation of expectant interest of breach of contract, on the other hand it is the request of the purpose of damages and the seriousness of contract and maintaining the transaction order, at the same time it is also in line with the world trend of contract legislation. In order to determine the amount of compensation of expectant interest, the subjective compensation rule and objective compensation rule are usually been taken.