On Compensation For Moral Damage In Breach Of Contract

The compensation for moral damage is a controversial legal problem. The traditional civil law theories think on that the liability for breach of contract is a kind of property responsibility and its system function is compensation. So the liability for breach of contract should not include the compensation for moral damage.The compensation for moral damage can only be limited to the realm of tort law. Once breach of obligation resulted moral damage, contract-abiding party can only appeals to breach of contract obligation and tort liability coinciding system, by tort suit to obtain compensation for moral damage. According to this kind of theories, the academia of our country has made a clear distinction between the liability for breach of contract and liability for tort. According to this division, compensation for moral damage in breach of contract can only be claimed in the realm of tort law. This dissertation contests to this view and thinks on that it is an objective reality that the spirit in some contracts is damaged by breach of contract and can be predicted too, it is insufficient to compensate the damage through coincidental liability, so, the compensation for moral damage should be included in the liability for breach of contract. We should build a general principle that compensationfor breach of contract is allowed. But, in order to prevent the protection of spirit benefit being infinitely enlarged and the compensation from being abused, we should strictly control the application the compensation for moral damage in breach of contract by law. Moreover, the author adopts the mode of classifying the contracts concerning the moral damage compensation by enumerate the contracts, so the judges could use these as reference materials when announcing verdicts.This dissertation includes four chapters except preface and epilogue.Chapter one, the author puts forward the question of compensation for moral damage in breach of contract. Firstly, the author explains the concept and characteristic of moral damage and moral damage in breach of contract. Secondly, introduces the different attitudes towards compensation for moral damage in breach of contract in different countries. Continental legal system breaks the stipulation that moral damage could be recoverable only if it is definitely stipulated in the law. Anglo-American legal system classifies the compensation for moral damage resulted from breaching of contract through cases. Some international legal documents stipulate it definitely. Thirdly, the author prefers to some main land' s prejudication, then, after analyses, to state the inconsistent of our judicial practices.Chapter two, the author collects and analyzes theories of compensation for moral damage in breach of contract in China. Our country currently has not made a clear regulation to compensation for moral damage in breach of contract, so the scholars have heavy dispute about this question, it is generally held that compensation for moral damage is not recoverable in contract. However some scholars have put forward the opposite views. Through the evaluation and analysis of the views which are putforward by the scholars to deny the compensation for breach of contract, including obstacle of prediction rule, obstacle of breach of obligation and moral damage compensation testimony and Evaluation, obstacle of liability coinciding system, we can find out that these reasons can't become the obstacles which hinder compensation for moral damage in breach of contract.Chapter three, On the base of retorting the traditional concept of denying compensation for moral damage in breach of contract, the author try to to make a thorough inquiry into the justice and reasonability of compensation for moral damage in breach of contract. Firstly, it is an objective reality that spirit is damaged and can be compensated in breach of contract. Secondly, only if damage in breach of contract be compensated, benefits of contractor can be wholely protected. Thirdly, The author thinks whether the damages to the inhere benefits consist of independent cause of a sue or not should be judged when inflict present is exist If the damage to inhere benefits is a independent cause of sue, it could be excluded from the expectant benefits one to go to the court, but the procedure rule of one thing having no reason for again judge" should be broken here, the unsatisfied pleas should be contented through the sue of impeach or tort .While, if the inhere benefits damages could not consist independent cause of sue, the damages could be satisfied by the sue of impeach.Chapter four, author gives some advises of the system construction on our country's moral damage compensation. Section one, author Provides some restrictive elements to restrict the application scope, such as principle of forseeability, principle of minimal damage etc. then, we can restrict the application of compensation for moral damage to a reasonable scope and prevent the blind requirement for high compensation so as to achieve the legislative purpose of contract law that is to encourage deals and also protect the aggrieved party. Section two, the author adopts the mode of classifying the contracts concerning the moral damage compensation by enumerate the contracts.