《民法典》第996条(违约精神损害赔偿)评注

Commentary to Article 996 of the Civil Code (Compensation for Moral Damages for Breach of Contract)

摘要: 自《民法典》实施以来，民法理论界与实务界对第996条(违约精神损害赔偿)的适用颇具争议，虽多数赞同该条确实为合同守约方精神损害赔偿提供了更便捷的救济路径，但不乏对其规范属性、条文含义、适用方式等产生歧义。本文从条文中挑选出理论争议较大且至今尚无定论的几个观点进行评注，以期对该条进行针对性的解读。文章拟对该条的适用条件是否仅限于人格权、严重精神损害的定性、是否仅适用于违约与侵权竞合的场合以及权利人应以何种请求权提起诉讼进行论述。

Abstract: Since the implementation of the Civil Code, the application of Article 996 (compensation for mental damage for breach of contract) has been quite controversial in the theoretical and practical circles of civil law. Although most agree that this article does provide a more convenient relief path for the non-contractual party to compensate for mental damage, there is no shortage of ambiguity about its normative attributes, the meaning of the provisions, and the way of application. In order to give a specific interpretation of the article, this paper selects several points of view which are controver-sial in theory and have not been concluded so far. This article intends to discuss whether the application conditions of this article are limited to the right of personality, the nature of serious mental damage, whether it is only applicable to the occasions of conjoint breach of contract and infringement, and what kind of claim rights the right holder should bring a lawsuit with.