Research On Spirit Damage In Liability Of Breach Faith

Spirit damage indemnity system is an important part of the rule of compensation for injuries in modern civil law. At present, although China's legislative and judicial interpretations haven't the regulation on breach of faith spirit damage indemnity, with the appearance of more and more spirit damage lawsuit induced by breach of faith, whether the spirit damage indemnity can be applied in liability of breach faith causes people's agitation. The aim of this research papers is to illuminate that the spirit damage indemnity can be found in liability of breach faith, and it is necessary to involve this item of indemnity liability in liability of breach faithThis thesis has five parts:In the first part, the basic knowledge of spirit damage and spirit damage indemnity is introduced, that the core of the spirit damage is the detraction and forfeit of the spirit benefit is indicated and analyzed, breach of faith spirit damage indemnity means a liability form to compensate for the detraction and forfeit of the objective spirit benefit by the payment of money to the non-default side.In the second part, the general regulation on the applicability of the spirit damage indemnity in liability of breach faith in two big law systems is introduced and analyzed, it is shown that it is international trend and tide to apply spirit damage indemnity in liability of breach faith.In the third part, the theoretical reliance, necessity and reality of the applicability of the spirit damage indemnity in liability of breach faith are expounded, by theanalysis and comment on different standpoints, the author's standpoint— spirit damage indemnity should be applied in liability of breach faith is demonstrated pro and con.The fourth part detailedly expound and analyze the two cases and the constituent elements of the applicability of the spirit damage indemnity in liability of breach faith , the principle and method of the determination of breach faith spirit damage compensation.The fifth part is the analysis of the measures on prevention the abuse of spirit damage indemnity in liability of breach faith, the force majeure systems, compensation ciilpae compensation culpa rule, the duty to mitigate the damage is unused and strict restrictions from the judges' free discretion are mainly used to prevent.