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传统理论认为精神损害只能通过侵权责任获得救济,精神损害赔偿属于侵权法范畴,不能扩展到违约责任中。但是随着社会经济的发展,在我国的司法实践中出现了许多关于违约精神损害赔偿的案件。为保护当事人的合法权益,国外许多国家、国际性立法文件均肯定了在特定情形下对违约行为所致精神损害的赔偿,然而我国立法却没有明确规定违约精神损害赔偿制度。有鉴于此,本文将对其内容做详细阐述。
According to the traditional theory, spiritual damage can only be remedied through tort liability, and compensation for moral damage belongs to the category of tort law and can not be extended to liability for breach of contract. However, with the development of society and economy, many cases of damages for breach of contract have appeared in the judicial practice of our country. In order to protect the legitimate rights and interests of the parties concerned, many countries in foreign countries and international legislative documents all affirm the compensation for the moral damage caused by the breach of contract under certain circumstances. However, our country’s legislation does not clearly stipulate the compensation system for the moral damage caused by the breach of contract. In view of this, this article will elaborate on its content.