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因当事人一方违约导致合同法定解除时,对方当事人可以根据《合同法》要求损害赔偿,但损害赔偿的范围应如何确定,是否包括可得利益损失赔偿?我国学术界和实务界对此问题莫衷一是,也导致司法实践中,法院对解约后损害赔偿范围的判决结果各不相同。因此,研究研究合同解除后可得利益是否需要赔偿问题具有重要意义。故本文试图通过国外立法比较研究,评析各学派观点的利弊基础上,认为合同解除后需要赔偿可得利益的损失,以维护守约方的合法利益,督促当事人正确履约。
When one of the parties breaches the contract and thus the contract is statutorily discharged, the other party may claim for damages according to the Contract Law. However, what is the scope of the compensation for damages and whether it includes the compensation for the loss of profits? The academic circles and practitioners in our country have no agreement on this issue. It also leads to different judgments in judicial practice on the scope of the damages after termination of the court. Therefore, it is of great significance to study whether the benefits obtained after the contract is dissolved need to be compensated. Therefore, based on the comparative study of foreign legislation and the analysis of the pros and cons of the various schools of thought, this paper attempts to compensate for the loss of available profits after the termination of the contract so as to safeguard the legitimate interests of the observant party and urge the parties to perform the contract properly.