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Research On Moral Damage Compensation For Breach Of Contract

Posted on:2007-10-29Degree:MasterType:Thesis
Country:ChinaCandidate:J G ShiFull Text:PDF
GTID:2166360218450815Subject:Law
Abstract/Summary:PDF Full Text Request
These days, it seems that there is no dispute about moral damage compensation in the field of tort. However, it is a great controversy in the law theory circle and the judicial circle home and abroad that if the liability for breach of contract includes moral damage compensation or not in the field of contract. The traditional theories most hold a negative attitude. With the development of the social economy, people are attaching more importance to the protection of personality moral benefit; it has been an objective trend that offering the judicial relief to the damaged party's personality moral benefit being damaged caused by breach of contract. The theory circle's positive attitude is tending to become active; especially the judges creatively admit the moral damage compensation in contract-breaking litigations that provides a turning point for establishing moral damage compensation in legislation. The thesis expounds the meaning of moral damage compensation from the obverse side at first; then with the method of comparative analyzing, investigates different protection modes in legislation and prejudications in judicatory practice about moral damage compensation for breach of contract overseas and the legislation, theory and demonstration analysis about moral damage compensation in our country; thirdly through reviewing the relief mode of the coincidence between liability for breach of contract and liability for tort, analyzing the main point negating moral damage compensation for breach of contract, analyzing the justness of moral damage compensation, proves the jurisprudential basis for establishing moral damage compensation from the obverse side and the reverse side; finally on the basis of drawing lessons from the international general practice and considering our national conditions, raises to construct a set of moral damage compensation system for breach of contract in order to solve problems such as the law basis being ambiguous, the result of a decree being entirely different in this kind of case trials at present.
Keywords/Search Tags:Liability for Breach of Contract, Moral Damage, Liability Coincidence, Moral Damage Compensation for Breach of Contract
PDF Full Text Request
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