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大陆法系及英美法系诸多国家现均承认违约精神损害赔偿,建立违约精神损害赔偿制度也已逐渐成为各国的立法趋势,相关的国际立法也已体现了这种制度安排。随着我国经济的发展,人们对于人格精神利益的保护越来越重视,但关于违约责任精神损害赔偿的立法确始终未被提上日程。笔者希望在比较法的视野中对相关问题进行考察并作出理论分析,以期论证由违约责任造成的精神损害赔偿的法律设置与适用问题。
Many countries in the civil law system and Anglo-American law system now recognize the damages for the spirit of default and the system of compensation for the moral damage caused by the breach of contract has gradually become the legislative trend of all countries. Relevant international legislation has also reflected this institutional arrangement. With the economic development of our country, people pay more and more attention to the protection of personality and spiritual interests. However, the legislation of the compensation for the spirit of breach of contract has not been put on the agenda all the time. The author hopes to inspect the relevant issues in the field of comparative law and make a theoretical analysis in order to demonstrate the legal setting and application of the compensation for moral damages caused by the liability for breach of contract.