无益费用的赔偿限制原理

The Principle of Limitation on Compensation for Wasted Expenses

因信赖合同有效性或信赖获得给付而支出的无益费用,均为信赖利益损失,其赔偿限制标准具有整合的逻辑基础。当存在可确定的履行利益时,无益费用赔偿均应以履行利益为限,从而避免债权人将错误评估的风险转移给债务人。即使履行利益因可预见性规则或过失相抵规则的适用而被削减,无益费用赔偿也应以可赔偿履行利益为限,从而避免限制履行利益赔偿的规范目的落空。基于可预见性与相当因果关系的同质性以及法解释上的可能性,应将可预见性规则一体适用于无益费用的赔偿限制。在判断所支出费用是否可预见时,应区分典型费用与非典型费用,前者均可预见。当债权人以赢利为目的时,如果合同中未作明示或默示约定,则不赔偿非典型费用;当债权人不以赢利为目的时,非典型费用可在对待给付的范围内获得赔偿。在可赔偿履行利益的范围内,无益费用均应获得赔偿,不再受可预见性规则或狭义过失相抵规则的限制,仅适用减损规则。当履行利益不确定或不存在履行利益时,应承认可预见性规则和过失相抵规则的功能差异,由二者共同发挥限制无益费用赔偿的功能。

Wasted expenses incurred in reliance on the validity of a contract or in reliance on obtaining performance are losses of reliance interest and the criteria for limiting their compensation have a logical basis for integration.When there is an ascertainable performance interest,compensation for wasted expenses should be limited to the performance interest,so as to avoid the transfer of the risk of mis-assessment from the creditor to the debtor.Even if the performance interest is curtailed by the application of the rule of foreseeability or the rule of contributory negligence,compensation for wasted expenses should also be limited to the compensable performance interest,so as to avoid frustrating the normative purpose of limiting compensation for performance interest.Based on the homogeneity of foreseeability and equivalent causation as well as the possibility of legal interpretation,the rule of foreseeability should be applied to the limitation of compensation for wasted expenses.In determining the foreseeability of expenses incurred,a distinction should be made between typical and atypical expenses,the former being foreseeable.When the creditor aims at profitability,atypical expenses are not compensable if there is no express or implied agreement in the contract.When the creditor does not aim at profitability,atypical expenses are compensable to the extent of the value of the creditor's performance.To the extent of the compensable performance interest,wasted expenses are compensable and they are subject no longer to the rule of foreseeability or the narrow rule of contributory negligence,but only to the rule of mitigation.When the performance interest is uncertain or non-existent,the functional differences between the rule of foreseeability and the rule of contributory negligence should be recognized,and they both perform the function of limiting compensation for wasted expenses.