The Studies Of Spirit Compensation For Damages Breaking A Contract

Tradition thinks that spirit compensation for damages can only apply to tort law case middle in civil law. But to the spirit compensation for damages breaking a contract, not only legislation go ahead stipulated , given in practice support's still less. The reparation problem , viewpoint that the spirit that theoretically, our country scholar leads to infringement damages differ. The spirit compensation for damages that judging from the world, the more and more country has admitted under exception condition is asked. Our country law also should adopt one kind of open attitude , as soon as possible perfect legislation , can be used thereby getting due relief because of the method breaking a contract but suffering keeping promise that the spirit damages.The main body of a book is passed comparing analytical method with theoretical analysis method , is sets off from necessity and the feasibility angle is adds up with denying the viewpoint criticism together, may apply to spirit compensation for damages or not system carries out all-round examination on infringement in responsibility, the legislation currently in effect having introduced our country and the actual judicial practice attitude to the spirit compensation for damages breaking a contract, under the situation of analysing advantages and disadvantages, reach our country ought to admit the spirit compensation for damages breaking a contract , draw relevance experience at the same time having brought forward some perfect legislation tentative plans.Full text divides into five parts together. Part I has set forth development of spirit compensation for damages system developing , ceaselessness having laid stress on spirit compensation for damages range has expanded, in order later development expounds and proves work bedding. Part II the legislation currently in effect having introduced our country and the actual judicial practice attitude to the spirit compensation for damages breaking a contract. Have started on secondary comparison method of Part III to spirit compensation for damages attitude breaking a contract , have inspected the attitude abroad, stipulating , reaching our country to spirit compensation for damages practice and relevance breaking a contract to should hold a dead cert to the spirit compensation for damages problem breaking a contract. Part IV there has existed spirit compensation for damages necessity and feasibility breaking a contract in the reality damaging from the spirit breaking a contract , the significance discriminating against the deficiency that the spirit breaking a contract relieves under the compensation for damages condition , asking right to apply to the trend expanding , admitting the spirit compensation for damages breaking a contract has expounded and proven directly; From the counterplea of denying a reason to the spirit compensation for damages breaking a contract, reverse side has expounded and proven spirit compensation for damages necessity and feasibility breaking a contract. Part V has brought forward some tentative plan building our country infringement spirit compensation for damages system.