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Study On Compensation For Mental Damage Caused By Breach Of Contract

Posted on:2008-06-14Degree:MasterType:Thesis
Country:ChinaCandidate:S C ChenFull Text:PDF
GTID:2166360242472045Subject:Marxist theory and ideological and political education
Abstract/Summary:PDF Full Text Request
The mental damage compensation is a remedy for breach of contract that the aggrieved party who has suffered severe mental damage caused by breach of contract has the right to bring an action,petitioning for compensation for mental damage.Currently,the mental damage compensation has been established in our country,but it is generally discussed in tort law domain.While it is no mention that the mental compensation exert in field of breach of contract. So,there are many standpoints discussed this topic.Ultimately,the denial standpoint occupies the mainstream status.The denial point of view brings many malpractices.In fact,there are no reasonable grounds to sustain their allegation.Whether mental damage exists or not should be judged from the matter of fact,then the law.While nowadays the legislation revered the order,we inevitably fall into the odd circle of circle of conceptualist jurisprudence.With the development of our social,the amount of the type of contracts that pursue mental enjoy more and more.However,our legislation faultiness cannot distribute judgment,and the result is caused our justice practice confusion,also cannot protect our legal rights and interests.Therefore,the research holds the attitude that in contract filed we should give compensation for mental damage in a certain extent.The penman combines the theory trend of law,and adopts many methods to demonstrate, including comparative review,be truth analysis and demonstration analysis. The research obeys the process of anamnesis,it can be described as argue problems-analyse problems-solve problems to dissertate the subject in detail.The research is composed of three parts except introduction and conclusion.The first part is about the theoretical study of compensation for mental damage caused by breach of contract.Firstly,the part describes our country legislation status,combined with correlation prejudication and many scholars viewpoints to ponder.The result is we should change our concept to accept the idea that the compensation for mental damage caused by breach of contract in a way.It is also important to demonstrate in this part.The second part is about the comparative review and comment in compensation for mental damage caused by breach of contract.This part mostly though review Common law,Civil law and International legislation, aimed to compare many countries attitude and variation legislation:many countries have been admitted and given damage compensation caused by contract in some certain.This is also reflecting that traditional conceptions and theories are not finally,they can alter gradually.In other words,the tendency of giving damage compensation in contract filed is inevitably in international.Though the review,we should keep up with the world tendency and establish this system in our country.The third part is how to establish our country compensation for mental damage caused by breach of contract and perfect correlation legislation. Firstly,restrict the scope of compensation for mental damage caused by breach of contract,the criterion can ascribe as "anticipate mental interest and forseeable".Secondly,perfect our country correlation legislation.After choosing the pattern of legislation,the author considers that we should take the model of "general forbidden with exceptions for permission" as our country general principle.Thirdly, though legislation interpret and perfect,as the base to establish our country compensation for mental damage caused by breach of contract.Lastly, in virtue of the method of classification to advance justice course, blazing a way in justice practice for our country aftertime.
Keywords/Search Tags:breach of contract, compensation for mental damage, mental interest, legislation
PDF Full Text Request
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