On Compensation For Moral Damage In Breach Of Contract

In recent years, it has been a new subject in the civil law research , which is the compensation for moral damage in breach of contract. We have obstinately thought that only if there is tort liability, there is compensation for moral damage. The compensation for spiritual damage and tort liability appear in the same body. The traditional civil law theory thinks that the liability for breach of contract is a kind of property responsibility. So the liability for breach of contract should not include the compensation for moral damage. When there is moral damage in breach of contract, we can solve the problem by investigating tort liability. Is that an effective method? We can hear some different voice. It can not perfectly protect the aggrieved party. I think that we should break the traditional theory and research the necessity and feasibility of compensation for spiritual damage in breach of contract. It is very significant that the new theory is accepted in new era.The article is divided into five parts. The first part introduces related basic concepts. The second and third part expounds related legal regulations and development about other countries. The fourth studies the necessity and feasibility of compensation for spiritual damage in breach of contract. And at last , we discuss how to build the related system in the whole legal field. The aim of the article is making people believe that the theory is true, we should abandon the old theory and accept it.