On Compensation For Non-pecuniary Loss In Breach Of Contract

Damages are the main method to take the liability for breach of contract. The quality of the liability for breach of contract lies in compensation. The purpose of taking the liability for breach of contract is to make the party concerned be placed as if the contract was properly performed. The compensation for non-pecuniary loss is the embodiment of the modern legal humanism tinct; meanwhile it is the important content of many countries' human rights safeguard. Traditional civil law theories generally think on the indemnity problem that the compensation for non-pecuniary loss only be available in the realm of tort law, especially when personal right is infringed. The liability for breach of contract is property liability. The compensation for non-pecuniary loss is not available in case of breaching contract. When either party fails to perform its obligations under the contract or does not perform its obligations as contracted and thus causes non-pecuniary loss to the other party, according to theory of coincidental liability, the other party could choose to claim the tortious right in order to acquire the relief of the non-pecuniary loss. The dissertation carries out a thorough and systematical research on the basic theory of the compensation for non-pecuniary loss in breach of contract using different methods, for instance, comparative law, analysis, conclusion and history in the hope to suggest the operable advice about constructing our country's relational system.The dissertation includes four parts apart from preface and epilogue. The first part is about putting forward the issue, based on expatiating the essence,character of the compensation for non-pecuniary and the connection between the breach of contract and the compensation for non- pecuniary, and establishes the theoretical basis for the following words. The second part is the pivot, being dead against some opposed theory and analyzed the basic theory of compensation for non- pecuniary loss, the article brings forward justness and rationality in positive and negative way. After reviewing the successful legislation in foreign countries, the third part brings forward countermeasure and advice, combining our country's relative complexion in...