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瑕疵履行时,法院是施加救济成本还是价值损失的赔偿是合同法的难点之一。赔偿计算方式的选择必须体现期望损害赔偿的目标。目前流行的Peevyhouse规则、经济浪费规则和价值损失规则都有明显缺陷,而综合考虑意图、合理性以及政策则是目前规则的最好取代。而且获益赔偿可作为补救成本、价值损失之外的第三种可能实现期望损害赔偿目标的计算方式。我国现行《合同法》过于强调救济成本虽总体可行,但没有认真对待救济成本与价值损失之间的关系,也没有考虑获益赔偿的可能性,并不妥当。未来《合同法》应在此方面进一步完善。
When the defect is fulfilled, the court is one of the difficulties of the contract law to apply the remedy cost or the compensation of the loss of value. The choice of compensation method must reflect the expectation of damages. The prevailing Peevyhouse rules, the rules of economic waste and the rules of value loss have obvious flaws, and considering the intent, rationality and policy is the best replacement of the current rules. And the benefit compensation can be used as a remedy cost, the loss of value beyond the third possible realization of the expected damage compensation calculation. Although the current “Contract Law” in our country emphasizes that relief costs are generally feasible, the relationship between relief costs and loss of value has not been taken seriously and the possibility of compensation for benefits has not been considered. It is not appropriate. The future “contract law” should be further improved in this area.