欧洲合同法通则(中英文第3部分).pdfVIP

Section 4-Price Reduction 第四节减价 Article 9.401 - Right to Reduce Price 第9:401 条：减价请求权 (1) A party who accepts a tender of performance not conforming to the contract may reduce the price. This reduction shall be proportionate to the decrease in the value of the performance at the time this was tendered compared to the value which a conforming tender would have had at that time. 受领了与合同不符的履行提交的一方当事人可以减少其价格。此种减价应当与履行提交时与 符合要求地提交的履行相比履行之价值的降低相称。 (2) A party who is entitled to reduce the price under the preceding paragraph and who has already paid a sum exceeding the reduced price may recover the excess from the other party. 一方当事人如依前款规定有权请求减价，并且它已支付了超过减后余价的价金，则可以向对 方当事人要回超出的部分。 (3) A party who reduces the price cannot also recover damages for reduction in the value of the performance but remains entitled to damages for any further loss it has suffered so far as these are recoverable under Section 5 of this Chapter. 减过价的一方当事人不得再为履行价值的降低获取损害赔偿，但仍然有权对它遭受的其他损 失请求赔偿，只要它们依据本章第五节的规定是可以获取的。 Section 5-Damages and Interest 第五节损害赔偿与利息 Article 9.501 - Right to Damages 第9:501 条：损害赔偿请求权 (1) The aggrieved party is entitled to damages for loss caused by the other partys non-performance which is not excused under Article 8:108. 受害方当事人有权对因对方当事人的不履行而造成的损失请求赔偿，只要该不履行没有依第 8:108 条而免责。 (2) The loss for which damages are recoverable includes: (a) non-pecuniary loss; and (b) future loss which is reasonably likely to occur. 可获取赔偿的损失包括：1.非金钱损失；和2.合情合理地易于发生的未来的损失。 Article 9.502 - General Measure of Damages 第9:502 条：损害赔偿的一般标准 The general measure of damages is such sum as will put the aggrieved party as nearly as possible into the position i