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朗·富勒在美国《合同法重述》公布后发表了《合同损害赔偿中的信赖利益》一文。该文提出并论证了信赖利益是区别于返还利益和预期利益之独立诉求,描述了司法实践对它的隐蔽承认,批判了《合同法重述》对它的忽视及所生缺陷。《合同法重述Ⅱ》在基本观念和具体条文上都受到了该理论的影响。富勒的信赖利益论不仅体现了他用“目的-手段”框架解决合同法问题的方法,而且也反映着他对法律是目的性事业以及法律之应然与实然的理解。
After Long Fuller released the “Restatement of Contract Law” in the United States, he published an article entitled “Reliance Interests in Contract Damages”. This paper puts forward and demonstrates that the trust interest is the independent appeal which is different from the return benefit and the expected interest, describes the concealment recognition to it by the judicial practice, and criticizes the negligence and birth defects of “the restatement of the contract law”. The “Restatement of Contract Law Ⅱ” has been influenced by this theory in its basic concepts and specific provisions. Fuller's theory of trust and benefit not only reflects his method of solving the problem of contract law in the framework of “purpose-means ”, but also reflects his understanding of the law as the purpose-oriented cause and the law.