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一直以来,我国民法规定精神损害赔偿只适用于侵权之诉而不适用于违约之诉。在合同法律关系中遭受精神损害的,当事人只能在侵权和违约发生竞合时,通过选择侵权之诉,来对违约行为引起的精神损害提供救济。但在司法实践中,违约精神损害赔偿问题却得到了突破,这表明,违约精神损害赔偿的确立是符合司法实践的,有其必要性;另外,违约精神损害赔偿也是有其存在的理论空间的,有其可行性。因此,应当确立违约精神损害赔偿制度。
All along, the compensation of mental damages stipulated in the civil law of our country applies only to the lawsuit of infringement and not to the lawsuit of default. In the legal relationship of the contract suffered mental damage, the parties only in the event of competition between infringement and breach of contract, through the choice of infringement complaint, to provide remedies for moral damage caused by the breach of contract. However, in the judicial practice, the issue of damages for breach of contract has been a breakthrough, which shows that the establishment of compensation for the spirit of breach of contract is in line with the judicial practice, there is a need; In addition, damages for breach of contract spirit is also the existence of the theoretical space , It has its feasibility. Therefore, the compensation system for the spirit of default should be established.