A study on the conflict of laws approach to non-pecuniary damages for breach of international commercial contracts— taking the application and development of CISG and PICC as the entry point
国际商事合同违约精神损害赔偿的冲突法路径研究——以CISG与PICC的适用与发展为切入点

摘要

随着全球贸易一体化深入，国际商事合同纠纷中违约精神损害赔偿问题日益凸显。传统商事合同理论多聚焦财产损失赔偿，对精神损害赔偿的态度模糊，而冲突法层面的规则适用更是存在显著分歧，这给跨国商事主体的权益保护带来挑战。《联合国国际货物销售合同公约》（CISG）作为国际商事合同领域的核心公约，其对违约精神损害赔偿的沉默引发学界长期争议；《国际商事合同通则》（PICC）虽明确承认该赔偿类型，但其适用范围与实践效力仍需进一步厘清。本文以 CISG 与 PICC 的适用与发展为切入点，系统探究国际商事合同违约精神损害赔偿的冲突法路径，旨在为解决跨国商事纠纷中的相关难题提供理论支撑与实践参考。

Abstract

With the deepening of global trade integration, the issue of non-pecuniary damages for breach of contract in international commercial contract disputes has become increasingly prominent. Traditional commercial contract theories mostly focus on compensation for pecuniary losses, and their stance on non-pecuniary damages is ambiguous. Moreover, there are significant divergences in the application of rules at the conflict of laws level, which poses challenges to the protection of the rights and interests of transnational commercial entities. The United Nations Convention on Contracts for the International Sale of Goods (CISG), as a core convention in the field of international commercial contracts, has remained silent on non-pecuniary damages for breach of contract, triggering long-term debates in the academic community. Although the UNIDROIT Principles of International Commercial Contracts (PICC) explicitly recognizes this type of compensation, its scope of application and practical effect still need to be further clarified. Taking the application and development of CISG and PICC as the entry point, this paper systematically explores the conflict of laws approach to non-pecuniary damages for breach of international commercial contracts, aiming to provide theoretical support and practical reference for resolving relevant difficulties in transnational commercial disputes.