一、减损规则的概念和发展减损规则,也称减损义务,是在一方违约时,另一方应采取合理措施减轻由于违约方违反合同而引起的损失,否则不能就本可以减轻的损失获得赔偿。若被害人怠于避免预先可防止的损害或阻止其扩大的,法院可以减轻违约人的责任。例如,如卖方已告知买方拒绝于某年4月6日到期时履行交货义务,买方须及时在市场上购买代替货物,若买方坐视不动,而不合理地等待至5月6日,此时该货物的市场价格已上升。在此种情况下,买方只能要求合同价格与4月6日市场价格的差额作为赔偿金额,而不能要求合同价格与5月6日市场价格差额为赔偿金额。减损规则直接影响到未违约方可获得损害赔偿的数额,要求受害方在对方违约时不能坐视损失的扩大,而应积极采取措施以减轻损失。减损规则最先是从英美法上发展出来的,目前已经为许多国 First, the concept of derogation rules and derogation rules, also known as impairment obligations, is one party to breach of contract, the other party should take reasonable measures to reduce the breach of contract due to breach of contract losses, or else can not be compensated for the loss can be mitigated. If the victim fails to avoid prejudicial damage or prevent its expansion, the court may lessen the liability of the defaulter. For example, if the seller has told the buyer to refuse delivery obligations on the due date of April 6 of a certain year, the buyer must promptly buy replacement goods on the market. If the buyer does not act and unreasonably waits until May 6, At this point the market price of the goods has risen. Under such circumstances, the buyer can only claim the difference between the contract price and the market price on April 6 as the compensation amount, and can not demand the difference between the contract price and the market price on May 6 as the compensation amount. The derogation rules have a direct impact on the amount of damages that can be obtained from the party that has not breached the contract, requiring the aggrieved party not to sit idly by as the losses increase when the other party defaults. Instead, the victim should take active measures to mitigate the losses. The derogation rule first developed from the Anglo-American law and is now available to many countries