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全部期待利益的赔偿一贯被认为是一种较好的违约救济方式,但本文作者提出了保密利益的概念,并以其来证明当事人为获得期待赔偿所需对信息的披露有害于他的保密利益,并会直接影响他的起诉威胁的可信性。对保密利益的考虑说明期待赔偿并不总是能满足当事人利益的赔偿标准。文章详细地介绍了保密利益的概念,指出保密利益与通常考虑到的补偿利益之间的紧张关系,并区分了主观和客观两类赔偿标准对保密利益的不同影响。文章进一步讨论了保密利益在分析各种与违约赔偿有关的制度,如约定赔偿金、代替购买、减少损失等是否可取时产生的影响,尤其对商法典修改提案中新的赔偿序列以及对实际损失的普遍要求提出了批评。文章还讨论了司法程序对保密利益的影响,认为应该同时修改实体法与程序法以保护当事人日益重要的保密利益。文章的结论是如果法典对保密利益加以考虑的话,补偿利益的目标也能得到更好的实现。
The compensation of all expected benefits has always been considered as a good remedy for breach of contract. However, the author of this article proposes the concept of secrecy of confidentiality and uses it to prove that the information disclosure required by the parties in order to obtain the expectation of compensation is harmful to his secrecy interests , And will directly affect the credibility of his threat of prosecution. The consideration of the interests of confidentiality shows that the expectation of compensation does not always meet the standard of compensation for the interests of the parties. The paper introduces the concept of confidential interest in detail, points out the tension between the confidential interests and the compensation benefits usually considered, and makes a distinction between the subjective and objective compensation standards that have different effects on the confidentiality benefits. The article further discusses the impact of the security interest in analyzing various systems related to breach of contract damages, such as stipulating the compensation, replacing the purchase, reducing the loss and so on. Especially when it comes to revising the new compensation sequence in the commercial code and the actual losses The general requirements of the proposed criticism. The article also discusses the impact of judicial proceedings on the interests of confidentiality. It considers that substantive and procedural laws should be amended at the same time to protect the increasingly important interests of the parties concerned. The article concludes that if the Code takes into account the interests of confidentiality, the goal of compensating for benefits can also be better achieved.