论可得利益损失与赔偿额的确定

On Confirming the Bote of Acquirable Interest

可得利益是指合同全面、正确履行后可以实现和得到的财产利益 ,其损失是违约所致损害的一部分。与实际损失相比较 ,可得利益损失的认定与赔偿数额的确定较为复杂 ,如何确定可得利益的损失 ,可从可得利益的构成入手 ,分析赔偿可得利益损失的理由和原则 ,并对实践操作中出现的疑难问题提出了解决思路。

Acquirable interest refers to the property interest acquired after a contract is completely fulfilled. Its loss is a part of damage caused by breach of contract. Compared with actual loss, confirming the bote of acquirable interest is somewhat complicated. To this problem, this paper, starting from the composition of acquirable interest, analyses the causes and principles to compensate its loss, and offers some solutions.