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公共工程契约损害赔偿,一般而言,台湾地区法律大部分定性在承揽契约,然仍有债务不履行之适用。本文之论述,系对于公共工程契约损害赔偿之方式,有不同的请求权基础,再辅以内地《合同法》之见解,对于台湾地区公共工程契约损害赔偿之多元化,本文不再以台湾地区“民法”承揽契约之狭义观点作为唯一讨论之依据。除了请求权之基础外,对于赔偿的方法及范围亦加以叙明。因公共工程之复杂程度,比起一般契约还要广泛许多,其中包含土木工程、建筑工程及大地工程,而上述之工程,亦包含许多的之细项工程,故要如何界定其违约的损害赔偿,虽为难事但却重要,故为本文探讨之重点。
As a general rule, the laws of Taiwan are mostly contractual in nature, but there is still the application of debt default. This article discusses that there are different basis of right of claim for compensation for damages in public works contract, supplemented by the opinion of the “Contract Law” in the Mainland, for the diversification of compensation for damages in public works contracts in Taiwan, this article no longer takes the Taiwan region “Civil law ” contract contract narrow view as the only basis for discussion. Apart from the basis of the right of claim, the method and scope of compensation are also described. Due to the complexity of public works, it is much more extensive than the general contract, including civil engineering, building works and earth works. The above project also contains many detailed projects. Therefore, how to define the damages for breach of contract , Although difficult but important, it is the focus of this article.