论违约责任在精神损害赔偿中的适用

On Application of Liability for Breach of Contract in Mental Damage Compensation

精神损害赔偿是一个长期引起争议的话题 ,对于违约引起的精神损害应否予以赔偿更是众说纷纭 ,通说也认为违约导致的精神损害不应予以赔偿。本文从叙述精神损害赔偿的发展历程开始 ,通过理论分析与比较法上的考察 ,初步论证了违约责任在精神损害赔偿中的适用。

Damage evoked by breach of contract has been a controversial topic for a long time. As far as mental damage evoked y breach of contract is concerned, whether it should be compensated is quarreled even more fiercely. Prevalent view shows that mental damage evoked by breach of contract should not be compensated. This article begins from introduction of the improvement of mental damage compensation, and through theoretical analysis and observation from comparative law, at last draws a conclusion that liability for breach of contract can be applied in mental damage compensation.