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Spirit Compensation For Damages Feasibility Study Breaking A Contract

Posted on:2009-02-16Degree:MasterType:Thesis
Country:ChinaCandidate:X H GuFull Text:PDF
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While all the countries in the world holds the cautious attitude to the spirit compensation for damages breaking a contract. In every country. Legislation judiciary and theory allow some leeway in fact all to whose existence. From the spirit breaking a contract. Compensation for damages current situation. The feasibility theory overcome and applies to the main body of a book according to the international experiencing enlightenment. Running an obstacle to restrict several latitude expounding and proving whose feasibility.Part I article carding legislation judiciary and theory argument about the spirit compensation for damages breaking a contract. Ceaselessness pointing out ad joint our country legal system is perfect and perfect. Process the spirit is damaged paying for system experience's never admitting that part admits. Arrives at again improving and perfecting admitting that all round arriving at with the same our country of all the countries in the world. In connection with the spirit breaking a contract. Compensation for damages is to deny and affirm two kinds attitude mark. Break since the ambiguous judge of legislation is to ask for case justice to be no lack of creativeness's in social life numerous and complicated. Give the spirit breaking a contract compensation for damages in contract legal action. They have used vivid court decision to have punctured conservative atmosphere built by legislator and scholar given to request brought forward by actual life numerous and complicated to have the answer starting significance. The author thinks that the actual life has already brought forward this request to us. Jurists'mission is to face this request squarely and to explore the approach solving actively. But should not deny this kind request supplely without exception. These real bases are to admit that the spirit compensation for damages breaking a contract has taken advantageous first step ultimately also accord with the expansion that development of international community law and the protection to dignity of human personality need.Part II has summed up the theory basis supporting the spirit compensation for damages feasibility breaking a contract. Dilation. Responsibility being that the human rights conforming to constitution ensures idea. Spirit compensation for damages range trend expanding. Contract law protection range respectively competes to agree well with the hiatus. Request and legal principle paying for principles completely that system protects according to just support. The author thinks that people's nature lies in his materiality does not but lies in his spirit; matter only provides support to the spirit. Person is the paroxysm source that everything value is what person takes a fancy to. Regard, as the valuable thing be that the law should be I the thing protecting that development of science and technology. The spirit already using person has much better matter props up. Uses person to have capability showing solicitude for self's inner world of more valuable people more people's dignity the person inner world tranquility already become what law ought to first protection thing people's value and dignity become the and even entire human society of law value basis.Part III is the article center of gravity location is also this article purpose: Expound and prove real spirit compensation for damages basis breaking a contract.And first,carry out examination on the comparison method that the spirit breaking a contract damages. Divide UK-US genealogy of law continent genealogy of law and international legislation document three pieces. Choose the marriage partner that each inspects the country and legislation document having representative ness as comparison most out of. The legislation actual judicial practice analyzing the spirit compensation for damages introducing that they break a contract with regard to and then points out: Under specially appointed circumstance be to be able to give and should to the spirit damage breaking a contract finding that oneself value with the fact that human being auto psyche going a step further awakes personality benefit hoists gradually in position in human being value system give spirit damage to become every country legislation urgent need with matter reparation. This is international legislation in the nowadays-tidal current and trend. is the spirit compensation for damages system breaking a contract's have established a basis development of middle spirit compensation for damages system provides the responsibility breaking a contract for our country drawing experience from international experience latitude expounds and proves spirit compensation for damages feasibility breaking a contract.Secondly,resolve the spirit compensation for damages operation obstacle breaking a contract. Object all has Era Yam dual character. The spirit compensation for damages problem breaking a contract right away. Deny that the viewpoint has certain reason analyses but these carefully opposing a reason not bad these reasons can not become the cause hindering from giving a spirit compensation for damages in the responsibility breaking a contract equally. They all have the leak to varying degrees. The main body of a book is overcome to being not allowed to foresee that the personality have said primitive doctrine of means responsibility relieving to compete to agree well with doctrine. The judge discretion to compose the quarrel greatly commercializes to say five operation obstacles having typical negative theory carrying out the deficiency discussing whose. Pointing out the compensation for damages expounding and proving the spirit breaking a contract conversely is not bad.Can advocate spirit compensation for damages finally owing to breaking a contract do not imply this item advocating being able to be held out at will just do not say the contract interested party being able to not have any to break a contract in the other party the behavior moment being able to get the compensation for damages relief. Request that being able to be satisfied essential points or not accepts certain restricting here kind. The author thinks that the spirit compensation for damages breaking a contract is really not a forbidden tame monster. Pass the systematization to law case and finalization of design-relation (with the fact that judiciary practical experience accumulation can accomplish completely) together.Establishes the result being system foundation's turn to be able to not produce an image denying that the institute is worried in terms of person under a lot of measurement factors restricting. Be to be imperative from the protection that analysis de jute recognition damage on the trend to the spirit breaking a contract.
Keywords/Search Tags:Compensation
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