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Reconstructing Mental Damage Compensation

Posted on:2005-09-08Degree:MasterType:Thesis
Country:ChinaCandidate:M J ZhangFull Text:PDF
GTID:2166360155476862Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Amid the dual remedy system of the breach of contract and tort, traditional theories of civil law argue that the responsibility compensation scope of the breach of contract don't include mental injury, whose compensation should be solved by tort responsibility, Tort act is the requesting foundation of mental injury compensation. In justice practice, there are the conditions which make the party subjected to mental pain resulting form the breach of contract, but the traditional theories of tort responsibility in civil law and responsibility combination can't provide full protection on mental injury, therefore, we should make a breakthrough on the requesting foundation of compensation of mental injury in theory, and on special condition the breach of contract should also become the foundation of mental injury compensation. Through the inspection of comparative law, we will see that in general British-US and Continent countries prohibit or limit the compensation of mental injury resulting from the breach of contract, and take it as premise, the protection on mental injury of the breach of contract develop towards the tendency that put the part non-property injury in the compensation scope of property damage, by the way of exceptional rules or commoditism, our country should draw lessons from it .The article analyses the attitude to contractal remedy on mental injury compensation from theory and practical angle, and exert emphasis on the rationality establishing the compensation system of mental injury in the breach of contract, meanwhile the article criticizes the adverse point of view on discontenting mental injury compensation on the breach of contract holding by the authors of British-US and China ,further the article discusses the necessity and feasity of establishing mental injury compensation in the fields of breaking the contract, and take expection interest as the theorical support of mental damage compensation, finally, The article puts forward the imagination on reconstructing mental damage compensation system .
Keywords/Search Tags:traditional theories of civil law, tort responsibility, mental injury compensation, the imagination on reconstructing mental damage compensation system
PDF Full Text Request
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