违约中的有效信赖与损害赔偿措施

Efficient Reliance and Damage Measures for Breach of Contract

RAND Journal of Economics · 1984
被引 207
人大 AFT50ABS 4

中文导读

分析买卖双方在专用资本投资后违约谈判的情形,比较三种损害赔偿措施(特定履行、预期损害赔偿、信赖损害赔偿)对投资效率的影响,发现它们按帕累托效率从高到低排序。

Abstract

This article considers a situation where the buyer or the seller of a good must engage in expenditures on specific capital before the exchange either to prepare to use the product or to prepare to sell it. It is assumed that postbreach bargaining is possible and carried out in a cooperative fashion, and that buyers and sellers form expectations about the outcome of such bargaining in a specific way. Without enforceable contracts, the potential appropriability of specific rents results in inefficiently low levels of investment. Three damage measures commonly used to enforce contracts are shown to produce inefficiently high levels of investment and to be Pareto-ranked from best to worst as follows: specific performance, expectation damages, and reliance damages.

合同违约损害赔偿效率专用性投资