律师文集

律师文集

您当前的位置: 首页>>法律文集 Law Works>>刑事辩护 criminal defense

期待利益和信赖利益有何区别What is the difference between expected benefits and trust benefits


   核心内容:如何区别期待利益与信赖利益二者间关系?首先,期待利益是履行合同后获得各种利益,信赖利益是无过错方支付代价。然后违约损害赔偿一般适用期待利益,适用信赖利益是特殊情况等等。

   一、什么是期待利益

   期待利益是指当事人在订立合同时期望从此交易中获得的各种利益的总和,包括合同履行后可以获得的利益和因违约而导致的现有财产的减损灭失和费用的支出。

   二、什么是信赖利益

   信赖利益损失,指一方实施某种行为(如订约建议)后,另一方对此产生信赖(如相信对方可能与自己立约),并为此发生了费用,后因前者违反诚实信用原则导致合同未成立或者无效,该费用未得到补偿而受到的损失。

   三、期待利益与信赖利益有哪些区别

   第一,两者的内涵不同。

   期待利益是指当事人在订立合同时期望通过合同履行获得的各种利益的总和,包括合同履行后可以获得的利益和因违约而导致的现有财产的减损灭失和费用的支出。信赖利益是指无过错的一方当事人信赖合同完满履行,在订立和履行合同中支出的费用和代价。

 

Core content: How to distinguish the relationship between expected benefits and trust benefits? Firstly, expected benefits are various benefits obtained after fulfilling the contract, while trust benefits are the cost paid by the innocent party. Then, the compensation for breach of contract damages generally applies to expected benefits, and applies to special circumstances such as reliance benefits.


1、 What is expected benefits


Expected benefits refer to the total sum of various benefits that the parties hope to obtain from the transaction during the contract period, including the benefits that can be obtained after the performance of the contract, as well as the loss of existing property and expenses incurred due to breach of contract.


2、 What is trust interest


Trust interest loss refers to the loss incurred by one party after implementing a certain behavior (such as contractual advice), in which the other party develops trust (such as believing that the other party may enter into a contract with themselves) and incurs costs, resulting in the contract not being established or invalid due to the former's violation of the principle of good faith, and the costs are not compensated.


3、 What is the difference between expected benefits and trust benefits


Firstly, the connotations of the two are different.


Expected benefits refer to the total sum of various benefits that the parties hope to obtain through the performance of the contract during the period of signing the contract, including the benefits that can be obtained after the performance of the contract, as well as the losses and expenses of existing property caused by breach of contract. Trust interest refers to the expenses and costs incurred by a party without fault in the conclusion and performance of a contract, who relies on the complete performance of the contract.