论违约与精神损害赔偿

对违约责任是否包括精神损害赔偿国内外法学理论界与司法界尚有争论。随着经济的发展,人们越来越重视对人格精神利益的保护,为因违约而造成守约人人格精神利益提供司法救济已成为一种客观趋势。文章在考察国外有关违约精神损害赔偿的立法与司法实践后认为,违约责任应当包括精神损害赔偿,并就如何构建我国的违约精神损害赔偿制度提出了建议。

On the Liability for Breach of Contract and the Compensation for Moral Damage

On the problem of whether the liability for breach of contract contains the compensation for moral damage, the theoretical circle of law and the judiciary circle still have disputes. With the development of economy, the protection of man' s spiritual benefits is thought highly of more and more, and providing judiciary remedy for the victim of breaching contract has become an objective trends. After investigating the legislative and judiciary practice of foreign countries in this respect, this paper concludes that the liability for breach of contract should include the compensation for moral damage. It also proposes the suggestions for constituting the compensation system of moral damage for breach of contract.