旅游活动时间浪费请求权是一种债权请求权,这一请求权可以与违约精神损害赔偿请求权一并适用。
Claim for time waste during tourist activities is a right of creditor's claim, which can be implemented as the damage compensation for the breach of travel contract.
在比较的基础上,就确立中国的违约精神损害赔偿制度提出了四点构想,认为《合同法》第112条是该制度确立的法律依据。
On the basis of comparison, four ideas are presented about the establishment of compensation system for moral damage, and it is thought that Article 112 Contract Law is the legal basis for the system.
对违约责任是否包括精神损害赔偿国内外法学理论界与司法界尚有争论。
On the problem of whether the liability for breach of contract contains the compensation for moral damage, the theoretical circle of law and the judiciary circle still have disputes.
传统的英美合同法理论认为,侵权责任中的精神损害赔偿不能扩展到违约责任中。
The traditional common law doctrine of contract provides that tort damages for emotional distress caused by breach of contract are not recoverable.
根据传统民法,精神损害赔偿只能囿于侵权责任,而不能作为一种违约责任的救济措施。
According to the traditional civil law, mental compensation is only regarded as one of relief measures resulted from tort, not applied in the cases of violating contracts.
通说认为,精神损害赔偿仅适用于侵权损害赔偿领域,当事人不能凭借违约之诉获得精神损害赔偿。
The dominant ideology figures that the claims of spiritual damages can only be applicable to the tort area, the party can't acquire claims by plea of illegality.
违约之诉与侵权之诉的最大区别在前者不能要求精神损害赔偿,其他则比较一致。
The difference between lawsuits of contract and torts is that the former couldn't admit compensation for moral damages, while others are more consistent.
违约之诉与侵权之诉的最大区别在前者不能要求精神损害赔偿,其他则比较一致。
The difference between lawsuits of contract and torts is that the former couldn't admit compensation for moral damages, while others are more consistent.
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