Academic Study On Non-pecuniary Loss Compensation In Breach Of Tourist Contract

Traditional civil law theories generally think on the indemnity problem that the compensation for mental distress only be available in the realm of tort law. The liability for breach of contract is property liability. The compensation for mental distress is not available in case of breaching contract. So does it in tourist contract. When travel agency fails to perform its obligations under the contract or does not perform its obligations as contracted and thus causes mental distress to traveler, because the purpose that the traveler makes the tourist contract is to gain the mental benefit which has been anticipated or ought to be anticipated by the travel agency in the making of the contract, the travel agency should recover all the damages caused by the breach of contract including the mental distress of course. And we should construct our own non-property loss compensation in breach of tourist contract system. The dissertation consists of five parts apart from preface and epilogue.In the first part, the author defines some important concept such as tourist contract, non-pecuniary loss compensation, non-pecuniary loss compensation, in breach of contract. And present some viewpoints and discuss on whether The liability for breach of contract includes non-property liability.In the second part, the author point out that there are no grounds to negate this legal system. And then analyse why it is legitimacy to compensate for mental distress if someone breach of contract.In the third part, the author reviews overseas legal history and status on non-property damage compensation for breach of obligation. And brings out idea that use international practice for reference to construct our own non-property loss compensation in breach of tourist contract system.In the fourth part, the author analyzes the law and rule, theories and judicial practice in China. In China, there are no stipulations on non-pecuniary loss in contract law, and it is generally held that non-pecuniary loss is not recoverable in contract. So it result in the judicatory are not unified.In the fifth part, the author try to construct our own non-property loss compensation in breach of tourist contract system. Because the purpose that the traveler makes the tourist contract is to gain the mental benefit which has been anticipated or ought to be anticipated by the travel agency in the making of the contract, and it accord with the tenet of contract law. Then the author presents some ideas about how to construct our own non-property loss compensation in breach of tourist contractsystem.