违约行为引起的非财产损害赔偿问题研究

A Research on the Loss Compensation of Non-property Caused by the Action of Breaking Contract

违约行为本身给合同当事人造成的非财产损害 ,不应该纳入违约责任予以赔偿。合同当事人一方的不法行为一方面构成违约行为 ,同时又侵害另一方的财产权 (绝对权 )时 ,原则上既不能纳入违约责任也不能纳入侵权责任予以赔偿。但当该财产具有人格利益 。

If the itself of breaking a contract lead to the loss of non-property on contract litigant, the loss should not be compensated according to the responsibility of breaking a contract. When the illegal action of one party not only form the action of breaking a contract , but also damage the property of another party, the loss should not be compensated according to the responsibility of breaking contract and infringement in principle. But when the property has human dignity , as a exception, the loss should be compensated according to the infringement responsibility.