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当事人明确表示或以自己的行为表明不履行合同义务的行为构成预期违约,非违约方可以在履行期限届满之前要求其承担违约责任。但非违约方必须实际蒙受损失才有权获得损害赔偿,并应当充分抓住时机,积极寻找替代方法,以保证其能够获得如合同按约履行的效果,尽量避免损失的扩大。如在合理期限内并未积极地寻找替代性交易导致合同的预期利益不能完全实现,非违约方也负有一定的过错,因此对其预期利益的损害赔偿数额应当酌情扣减。
The parties expressly stated or indicated by their actions that the failure to perform their contractual obligations constituted the expected default, and the non-defaulting party may request it to bear the liability for breach of contract before the expiration of the performance period. However, the non-defaulting party must be entitled to damages in actual damages, and should seize the opportunity fully to actively find alternative ways to ensure that it can obtain the effect as promised by the contract and avoid the loss as much as possible. If a reasonable period of time does not actively look for alternative transactions resulting in the expected benefits of the contract can not be fully realized, the non-defaulting party also has some fault, so the amount of damages for the expected benefits should be deducted as appropriate.