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通过对国际体育仲裁违约合同造成损害赔偿的案例分析,提出没有固定的规则可以适用所有的案例,唯一确定的是所谓的“积极利益”或“预期利益”原则。因此,裁定方确定赔偿金是以假设违约未发生,受害方应当获得利益大小为标准。任何人都不应当试图创设一个固定规则,因为尝试创设规则是不明智的,它将导致裁定方因固定规则被迫以某种方式裁定,并不能实现双方当事人及体育领域所追求的公正、合理的结果。文章认为由裁定方在考虑到所有情形的前提以积极利益原则为首要原则确定最合适的赔偿金。
Through the case analysis of damages caused by breach of contract in international sports arbitration, it is proposed that there is no fixed rule that can be applied to all the cases. The only surety is the so-called “positive interest” or “expected interest” principle. Therefore, the ruling party to determine the compensation is based on the assumption that default has not occurred, the victim should be the size of the interests of the standard. No one should try to create a fixed rule because trying to create a rule is unwise. It will result in the ruling party being forced to rule in some way because of fixed rules and will not be able to achieve a fair and reasonable pursuit of both parties and the field of sports the result of. The article holds that the most appropriate compensation should be determined by the ruling party taking the principle of positive benefits as the first principle when considering all the circumstances.