富勒的信賴利益論及其對《合同法重述II》的影響

Lon Fuller’s Theory of Reliance Interest and Its Influence on The Restatement II of Contract Law

朗‧富勒在美國《合同法重述》公佈後發表了《合同損害賠償中的信賴利益》一文。該文提出並論證了信賴利益是區別於返還利益和預期利益之獨立訴求，描述了司法實踐對它的隱蔽承認，批判了《合同法重述》對它的忽視及所生缺陷。《合同法重述II》在基本觀念和具體條文上都受到了該理論的影響。富勒的信賴利益論不僅體現了他用“目的－－手段”框架解決合同法問題的方法，而且也反映著他對法律是目的性事業以及法律之應然與實然的理解。

Lon Fuller published his The Reliance Interest in Contract Damages after the promulgation of The Restatement of Contract Law, He put forward and argued that reliance interest was a distinct claim from restitution interest and expectation interest. Then he described the covert recognition of judicial intervention with this kind of interest. Finally he criticized The Restatement of Contract Law for its ignorance and defects. The Restatement II of Contract Law was influenced by this theory of reliance interest both in basic ideas and concrete sections. Fuller’s theory of reliance interest not only mirrors his method to solve contract law issues with purpose-means framework, but also reflects his proposition to take the law as purpose enterprise as well as his understanding of law-is and law-ought question.