论缔约过失中的交易机会损失——基于10个典型案件的分析与展开

On the Loss of Trading Opportunities in Contracting Faults——Analysis and Discussion Based on 10 Typical Cases

现行法对缔约过失责任的赔偿范围不明确。司法实践对于交易机会损失是否属于缔约过失责任的赔偿范围以及交易机会损失的赔偿范围之认定存在诸多矛盾。交易机会损失属于缔约过失责任的赔偿范围,与履行利益存在差别。实践中交易机会损失的计算方法决定了其不会超过履行利益,但需避免重复赔偿并且贯彻损害赔偿法的一般原则。

The compensation scope for the liability of contracting faults is not clear in the current law. And there are many contradictions in the judicial practice on whether the loss of trading opportunities is belong to the compensation scope of contracting faults and its identification. Actually, the loss of trading opportunities is within the compensation scope of contracting faults, and there is a difference between the benefits of performance. The calculation method of the loss in practice determined that it would not exceed the benefits of performance, however, it is necessary to avoid repeated compensation and implement the general principle of damages compensation laws.