违约责任及其损害赔偿范围研究

违约责任产生于合同债务的不履行,其本质是法律对违约行为的否定性评价,所保护的利益包括期待利益和信赖利益。随着大陆法系国家民法的发展,尤其是附随义务的产生,违约责任的保护范围呈不断扩张的趋势,违约损害赔偿范围也在不断扩大。这种发展趋势应在我国立法和司法实践中予以关注。 

Liabilities for Breach of Contract and the Limits of Compensation for Damages

The essence of liabilities for breach of contract is the negative evaluation of the breach by law. The benefits protected by them include expectation interest and reliance interest. With the development of civil law in continental law system, especially the existence of subordinated duties, the scope of liabilities for Breach of Contract is wider than before, so as to the limits of compensation for damages of it. Such development tendency should be concerned by our legislation and judicial practice.