违约责任中的信赖利益赔偿

Reliance Interest in the System of Liability for Breach of Contract

违约赔偿应以期待利益为基本标准,在期待利益无法证明或难以确定时,可采取信赖利益标准。美国法上的信赖利益与德国法上就"徒然支付的费用"的赔偿,其基础都在于债权人的信赖。信赖利益的赔偿也并没有改变违约赔偿的既有规则。富勒最大的贡献即在于将违约损害赔偿的全部基础与合同拘束力的来源统一为信赖。即使没有期待利益,信赖损失也可以基于信赖本身得到救济。我国《合同法》将来宜借鉴美国法,规定五种合同利益:返还利益、期待利益、信赖利益、归入利益与固有利益。只要不造成重复赔偿,当事人就可以同时请求两种或多种利益的赔偿,这不仅契合契约自由和信赖保护,也裨益法律的统一适用。

Remedies for breach of contract take expectation interest as a standard rule. The standard of reliance interest can be applied when expectation interest is either impossible or difficult to prove. Both reliance interest in the Restatement （second） of Contracts of the U. S. and ＂Ersatz vergeblicher Aufwendungen＂ rule in Germany are based on the reliance of the obli- gee. Reliance interest does not change the rule of remedies. The biggest contribution made by Fuller was associating all the bases of remedies with the source of the binding force of contract. Reliance damage can be remedied as long as the obligee has reliance interest in the contract, e- ven if there is no expectation interest. In the future revision of its Contract Law, China should draw on the U.S. law by providing for restitution interest, expectation interest, reliance inter- est, disgorgement interest and inherent interest. The obligee should be able to claim for two or more interests at the same time as long as it does not lead to double remedy. Such a system not only accords with the principles of freedom of contract and trust protection, but also is condu- cive to ensuring the uniformity in the application of law.