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法律上并没有对违约金请求权与损害赔偿请求权的主张关系做出明确的规定。但从损害填补原则和违约金性质出发,这两种请求权之间存在的是选择性竞合的关系。本文指出,在特定情况下,可以同时主张,但不能累积主张;又可以择一主张,同时在一种主张无法完全弥补损失时,可以对另外一种请求权再进行主张,使损害得以完全填补。
There is no legal stipulation on the relationship between the claim of liquidated damages and the claim of damages. However, based on the principle of damage compensation and the nature of the liquidated damages, there is a reciprocal competing relationship between these two kinds of claims. This article points out that under certain circumstances, we can claim at the same time, but we can not accumulate ideas. We can also choose one idea. At the same time, when one kind of claim can not completely compensate for the loss, we can claim another kind of right of claim so that the damage can be completely filled. .