신뢰이익에 대한 연구

A Study on ‘Reliance Interest

The existing arguments regarding ‘reliance interest are diverse and incoherent, which aggravate the confusion on understanding not only reliance interest itself but also the law of damages. So, I pursued to examine the current debates with a appropriate perspective and approach the usefulness of the concept of ‘reliance interest with a critical view in this article. Firstly, I tried to introduce that the reliance interest matters in relation to 1) Civil Code section 535, 2) rescission based on mistake, 3) breaking off negotiation, 4) seller s liability for warranty, 5) termination of contract, and point out the reliance interest is not used in same meaning in each area. Subsequently, I attempted to indicate that the reliance interest can be admitted only when it is based on wrongful reliance according to the basics of the law of damages and critically analyze when it can be acknowledged among the above-mentioned areas. Also, I argued that the reliance interest matters regardless of validity of contracts and is subject to the ordinary theories of the law of damages as ‘expectation interest is, and can not coexist with the expectation interest. Further, I insisted that the recognition of the concept of the reliance interest might not be necessary, and an indiscreet and groundless borrowing this concept is inappropriate and should be sublated.