Affirmation And Limitation Of Compensation For Moral Damage In Breach Of Contract

As the theory of traditional civil law said, breach of contract and tort relief system is the main elements of the relief system in civil law. Contract law is mainly the compensation for losses whose interests of the dependence subject or expected benefits (performance benefits) is suffered. Tort law lies in the inherent interest of the parties to be protected. Chinese current laws adhered to this view, only the party's personal rights is jeopardized, it might be possible compensation for mental damage, and expressly provides that only it could be argued based on the spirit of tort damages. The author thinks that the spirit of damages for breach of contract should be affirmed, we should also be restricted. Through the spirit of the author damages for breach of contract against the point of view and the right to refute the legitimacy of mental damages breach of contract analysis, put forward the spirit of our country should be affirmed damages for breach of contract. The author believes that with the tort liability for breach of duty in the case of competing, the victim can only be made based on the spirit of tort damages; in breach of contract and tort liability does not constitute coincidence of liability, to allow the application of the compensation for mental damage in breach of contract, but restrict its application.Besides the foreword and conclusion, the paper could be divided into five parts.The first part is about posing the problem. In order to understand the status quo of Chinese legislature, the author cited a case to illustrate the spirit of Chinese breach of contract damages for the status quo. In case of Chinese law, only based on infringement can we claim compensation for moral damage, so the rights of victims can not be protected by law. Chinese laws must have corresponding regulations so as to breach the legitimacy of compensation for moral damage. In the same time, the application of damages for breach in contract must have some restrictions.The second part is about legislation and theory of compensation for mental damage in breach of contract in our country. Our laws tell us that our country is the spirit does not support breach of contract damages only in tort liability to exist in the spirit of damages. Competing in the responsibility, the victim has the right to choose, or the basis of breach of contract, or based on tort litigation, but the spirit of damages based on tort only when it was introduced to get the court to support. In practice, life, mental damage created by the breach of the phenomenon of more and more liability for breach of the spirit is able to apply more and more attention for damages, our jurisprudence have different views, such as the negative view and affirmative view.The third par is about the comparison of legislation about compensation for mental damage in breach of contract. Compensation for mental damage in breach of contract is caused by this problem in some countries. Some countries have affirmed the legitimacy of Compensation for mental damage in breach of contract; the author focuses on the legal provisions of United Kingdom, USA, France and Germany. In principle, the above countries are not allowed to put forward the spirit of damages based on breach of contract, but in exceptional circumstances and confirmed the Compensation for mental damage in breach of contract are only applicable to a certain limitation.The fourth part is about justifying the legitimacy of compensation for mental damage in breach of contract. Breach of contract damages has the spirit of the theoretical basis for its application and practical conditions; the spirit of those who oppose the damages of breach in contract, the view did not deny the damages in breach of contract, the legality of the spirit of good reasons. A party breaches a contract can cause mental damage to the other party; our existing legal system can not fully protect the legitimate rights of the victims; moral damages for breach of contract to be certainly in line with the principle of fairness; the spirit of the function determines the damages should be affirmed that the spirit of non-compliance damages.The fifth part is about the limit of the compensation for mental damage in breach of contract, the author believes that when the liability for breach of competing, still in accordance with the provisions of Chinese current laws, giving the parties the right to choose, but there is no need to allow our law proposed by the spirit of the victim for damages based on breach of contract claim, but is still in accordance with the provisions of our existing legal system to require the victim based on the spirit of tort action for damages put forward the request. If the perpetrator of the breach of the moral damage caused to the victims, and does not constitute infringement responsibility and liability for breach of competing, the victim may claim compensation for moral damage based on breach of contract, but the compensation for mental damage in breach of contract should be limited.