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在合同法领域,违约损害赔偿通常以填补损失作为赔偿的原则,即损失多少赔偿多少,违约方应当对守约方因违约方的违约所造成的损失承担违约赔偿责任。但各国均对合同法领域的损害赔偿规则予以了一定的限制,最常见的即可预见性赔偿规则,可预见性规则的存在对避免赔偿责任人无限制的赔偿发挥了重要作用。然而,在侵权法领域,可预见性赔偿规则却迟迟未能确立,故应当在侵权法领域及早设立该规则,以弥补侵权法领域的该缺陷。
In the field of contract law, damages for breach of contract usually make up for loss as the principle of compensation, that is, how much compensation should be lost, and the defaulting party should be liable for breach of contract due to the default caused by the defaulting party. However, all countries have some limitations on the rules of damages in the field of contract law. The most common predictable rules are predictable, and the existence of predictability rules plays an important role in avoiding indemnification of indemnities. However, in the field of tort law, the rules of predictable compensation have not been established for a long time, so the rule should be established as soon as possible in the field of tort law to make up for the flaw in the field of tort law.