20世纪以来,人格权逐渐出现了财产化的趋势,保护特定有形财产中蕴含的人格利益问题日益引起了民法学界的关注。域外的示范性法律文件和司法实践已广泛认可在有形财产毁损案件中拒绝给予相关权利人精神损害赔偿有失公允。由于特定有形财产包含了所有者的人格利益,同时对重要基础性物品的使用也能够在某种程度上凝聚权利人的人格利益,权利人因其毁损遭受精神损害的,可酌情予以赔偿。 Since the 20th century, the personality right has gradually appeared the tendency of propertyization. The protection of the personality benefit contained in the specific tangible property has aroused the concern of civil law scholars. Demonstrative legal documents and judicial practice outside the domain have widely recognized the unfairness of compensation for mental damages denied to the right holder in cases of damage to tangible property. Since the specific tangible property includes the personality benefit of the owner, at the same time, the use of important basic goods can also unite the rights and interests of the obligee to some extent, and the obligee may be compensated, as the case may be, for mental damage caused by the damage.