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预期利益保护虽然在我国《合同法》中有所体现,但在司法实践中,合同守约方主张的预期利益赔偿请求,很难得到司法机关的认同和支持。本文从预期利益的概念、预期利益损失的类型、预期利益损失赔偿的实践处理以及完善预期利益损失获偿规则方面入手,对我国的预期利益保护现状从理论和实践角度进行分析,并建议从预期利益的可预见性原则、确定性原则等方面着手,完善对预期利益保护的立法。
Expected benefits protection is reflected in the Contract Law of our country. However, in the judicial practice, it is very difficult for the expectant interest claims advocated by the contract observer to obtain the approval and support of the judiciary. This article starts with the concept of expected benefits, the types of expected loss of benefits, the practical treatment of the expected loss of benefits and the improvement of the expected loss of benefits compensation rules, and analyzes the status quo of China’s expected benefits from theoretical and practical perspectives, The principle of predictability of interests, the principle of certainty and so on, and improve the legislation on the protection of expected benefits.