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合同的法定解除与损害赔偿并存主义已经成为我国学说的主流。而在并存主义内部,关于合同法定解除后损害赔偿应该是以履行利益为限还是以信赖利益为限一直争论不休。笔者比较了不同学者的观点后认为我国合同法定解除后的损害应以履行利益为赔偿范围。
The statutory dissolution of contracts and the coexistence of damages have become the mainstream of our theory. However, within the existing doctrine of coexistence, the issue of compensation for damages after the statutory dissolution of the contract should be limited to the extent of the performance of interests or to the trust of interests has been debated endlessly. After comparing the views of different scholars, the author thinks that the damages after the statutory dissolution of the contract in our country should be based on the interest of compensation.