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违约损害赔偿作为合同法中最基础的责任承担方式对于合同法功能的实现具有重要意义,而违约损害赔偿范围的界定则是实现其价值的关键。违约损害赔偿的范围以完全赔偿为其一般原则,与此同时为了实现契约当事人间的利益衡平,不至于牺牲一方利益过巨,应辅以可预见、损益相抵、与有过失、减损等限定性规则加以综合考量。此外,非财产损害赔偿并非先验的、专属于侵权法领域,其在特定类型的合同中亦可能发生并应得到救济。
As the most basic way to undertake the contract law, the default damages are of great significance for the realization of the function of the contract law. The definition of the scope of the damages for breach of contract damages is the key to realize its value. At the same time, in order to achieve the balance of interests among the parties to a contract, it is not to sacrifice the excessive benefits of one party and should be complemented by the foreseeable limit of gains and losses and the limited qualifications such as default, loss, etc. Rules to be comprehensive consideration. In addition, non-property damage compensation is not a priori and exclusive in the area of tort law, which may also occur and be remedied in certain types of contracts.