On Compensation For Spiritual Damage In Breach Of Contract

Mental damage compensation system since its establishment in our country has developed rapidly, the current in the tort liability for the extent of protection in the world has reached a higher level. But it is still not recognized in the liability for breach of contract. The mainstream view system of compensation for mental damage of default more drawbacks in theory, liability for breach of contract does not involve mental injury problems, but there are also new scholars question. Based on the existing theories and related case study and on the investigation to the relevant legal cases and theories abroad, from different angles, makes every effort to the justification of the system of compensation for mental damage of default, and try to the building in our country.Although scholars in China according to the system the objection is not without reason, but the spirit of the default case damage is objective existence, negative bias is that the lack of special include special attention and mental interests contract for dynamic investigation of the development of society. Different contract there is biggish difference in mental injury problems,this paper tries to comb a contract with the spiritual interests more cohesive type, reference to the principles of Anglo-American countries ban exceptions allowed pattern on the part of the contract mental damage of default protected. On the design of the exception to this article for the benefit of the comprehensive protection of the victim only has three principles, can be predictive principle,the principle of the seriousness of mental injury and the principle of subjective and objective. And on the specific type of contract setting from the contract purpose, content, behavior and damage consequence angles trying to contracts are related to modern spirit interests include within the scope of protection.