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On The Moral Damage Compensation Upon Breach Of Contract

Posted on:2008-07-21Degree:MasterType:Thesis
Country:ChinaCandidate:C H GanFull Text:PDF
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As the heart of the contract remedy, damage compensation is an important measure in the liabilities for breach of contract to ensure the full performance of both parties. It is contentious that whether moral damage compensation belongs to breach of contract or not in the theoretical circle of law and the judiciary circle. With the development of economy, the protection of mans spiritual benefits is thought highly of more and more, and providing judiciary remedy for the victim of breaching contract has become an objective trends. Beginning with thinking about a suit in contract, and after investigating law-making and judiciary practice ,this article claims that liability for breach of contract should include the compensation for moral damage. The emergence of subordinated liability in modern contractual relation is the jurisprudential basis for the establishment of the system. This makes remediation range of breach of contract head for tort liability. Moral damage upon breach of contract should be employed . It also proposes the suggestions for constituting the compensation system of moral damage for breach of contract.
Keywords/Search Tags:Liability for Breach of Contract, Moral Damage, Subordinated Obligation, Compensation of Moral Damage for Breach of Contract
PDF Full Text Request
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