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Research On The Compensation For Mental Damage Of Default

Posted on:2009-09-13Degree:MasterType:Thesis
Country:ChinaCandidate:Q F CengFull Text:PDF
Abstract/Summary:PDF Full Text Request
The spirit of the contract areas is applicable damages, has long been a contentious legal issues. Civil traditional theory is that the spirit of damages can only be applied in the area of tort law, the spirit of tort damages is the right basis for the request.The property is a liability for breach of contract responsibility system function is their compensation, liability for breach of contract should not be included in the spirit of liability for damages. Liability for breach of contract in the spirit of responsibility only through the damage from a competing system to tort relief. In some breach in the contract caused damage to the spirit of objective existence, and breach of contract and tortious liability gaps between competing Strip, according to the traditional theory of the civil legal system can not provide adequate protection of victims.Through the foreign study found that the legal system, whether common law or civil law countries, in determining the cause of the breach because no compensation for damage to the spirit of the general rules, exceptions to the rules adopted by default or precedent on the moral damage caused to be Relief. Therefore China should learn from the original breakthrough legal theory, to further improve China's legal system. Based on foreign law theory and jurisprudence of the research and theory and practice of judicial analysis, pointed out that the spirit of applicable default damages the necessity and feasibility of the proposed system and the design should be allowed to establish general principles. However, in order to prevent the spirit of the protection of the interests of expanding and unlimited damages for breach of the abuse of the spirit of default damages to the needs of social development, should be the spirit of damages for breach of contract to be legal restrictions.
Keywords/Search Tags:breach of contract, tort, coincidence of liability, mental injury compensation, the compensation for moral damage in breach of contract
PDF Full Text Request
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