论文部分内容阅读
违约损害赔偿指合同违约方应当承担赔偿因其违反双方合意导致相对人遭受损害的责任。违约方要承担责任,就必然要求将损害范围加以量化,就必须对违约损害赔偿的范围给予界定。违约损害赔偿范围应当贯彻全面赔偿原则。遵循合同法的基本精神,违约方承担损害赔偿主要有积极损失和可得利益,即违约方既要赔偿受害人的直接损失,又要兼顾其可得利益。
Damages for breach of contract means that the parties to the contract breach should be liable for damages caused by the breach of the agreement of both parties. If the defaulting party takes the responsibility, it is necessary to quantify the scope of the damage, so the scope of the default damages must be defined. The scope of damages for breach of contract should implement the principle of comprehensive compensation. According to the basic spirit of the Contract Law, the parties that breach the contract should bear the damages mainly include positive losses and benefits, that is, the defaulting party should compensate for the direct losses of the victims as well as the available profits.