On Compensation For Spiritual Damage In Breach Of Contract

With the continuous development of society, people’s values and spiritual demand increasingly, people pay more and more attention to the spirit of the protection of the interests. This need first met in the field of tort, tort compensation system is established in the national legislation and judicial practice. However, with the development of social market economy, the economic contract relationship between market subjects to further deepen, mental interests often throughout the course of the contract, once one party violates the contract, not only can cause the loss of economic interests, to the opposite party and will cause economic benefits of impairment to the relative party. We should look at problems from the view of development, applicable to default held a positive attitude to mental damage compensation, compensation for mental damage of default should be included in the field of contract law in our country, the rules of contract law shall apply for compensation for mental damage of defaultThis paper uses comparative analysis method, through to the countries of the world legislation and legal theory, research and comparison of four part demonstrates the rationality of the mental damage of default and in our country to build the necessity and feasibility of compensation for mental damage of default and the problems that should be paid attention to.The first part mainly discusses related to the system of compensation for mental damage of default of several important concepts:by with the theoretical analysis of the concept of compensation for mental damage of default several clear the argument in this paper the basic connotation. The second part of comparative analysis on system of compensation for mental damage of default. The third part analyzes the rationality of the system of compensation for mental damage of default arguments. The fourth part is the key point of this paper, also is the value of this article. Firstly this paper discusses the system of compensation for mental damage of default build three modes. Secondly expounds the composition of compensation for mental damage of default requirements; And then discusses the default the calculation of mental damages. Finally, further demonstrates the construction of our country can take patterns, and some problems that should be paid attention to during the build process.