On The Mental Damage Reparation Arising From The Breach Of Contract

Spiritual damages being included into the contracual liability results from the development of commodity exchange, the increase of mutual faith and the spiritual benefits of civil subject embodying the character of property, which can not be separate from the expansion of mondern contractual relationship.The basic course of the law in the aspect of material compensation of spiritual damages is firstly, we shall acknowledge the liability of the spiritual benefits, secondly, we shall recognize that the violation of material spiritual may result in the liability of spiritual damages, thirdly, we shall admit that the damage to property may bring into the liability of spiritual damages, and lastly, we may accept that the breach of contract may induce the liability of spiritual damages. To this degree, the protection of law to the spiritual benefits becomes perfect. Therefore, from the aspect of trend, it is imperative for the law to state the protection of sriritual benefits for breach of the contract.Of course, we still need to do more research on the confirmation of the mental damage reparation arising from the breach of contract. To the legal situation of our present legislation, especially in the judicial practice, we shall not turn away from this issue, and we shall open our mind on the mental damage reparation arising from the breach of contract, that is we shall treat this issue with an insight of development. Through the comparative analysis, the author deduces that we shall establish the system and the conditions of application of the spiritual damages for the breach of contract, he also produces his related suggestions on the perfection of the rules of the mental damage reparation arising from the breach of contract.