违约情形下可得利益损失赔偿问题研究

Study on Compensation for the Loss of Benefit in Case of Default

商事活动在当今社会中占有举足轻重的地位。随着商事活动的大量开展,合同也成为进行商事活动不可缺少的载体。然而,在开展商事活动的同时,违约案件的数量也在不断地激增。实践中当事人越来越多地考虑使用法律手段维护自己的应有权益,在此背景下,裁判文书中频繁出现的可得利益损失赔偿的诉求与裁判引起了各方的关注。如何完善健全相关法律制度,真正做到鼓励交易双方严守契约、减少守约方损失、增加违约成本等问题是本文所要解决的主要问题。

Commercial activities play a decisive role in today＇ s society. With the development of commercial activ- ities, contracts have become an indispensable carrier for commercial activities. However, at the same time as com- mercial activities were carried out, the number of cases of breach of contract was constantly increasing. In practice, the parties are increasingly familiar with the use of legal means to safeguard their own rights and interests, and in this context, the claims and judgments of the frequently available claims of compensation for losses of interest in the judgment documents have attracted the attention of all parties. How to improve and improve the relevant legal sys- tems, truly encourage the parties to the transaction to strictly abide by the contract, reduce the loss of the observ- ant, increase the cost of breach of contract and other issues, making the issue of loss of benefits available for breach of contract is of practical significance.