On The Breach Of Contract In The Non-property Damages

Debtor-creditor relationships occur between the injuring party and the injured party basedon the injury. Among the above mentioned relationships, one is the debt of thecompensation of the injury. The reasons of the debt of the compensation of the injury couldbe divided into two categories: the contract violation and the infringement. The injuriescould also be classified to two groups: the damage of property and the damage ofnon-property, i.e. the loss due to material harm and the loss due to emotional disturbance.Traditionally, the scope of the compensation caused by the contract violation is limited toproperty. That means, the injured party could only get remedy for the loss due tonon-property damage via sues caused by infringement, instead of the contract violation. Asthe development of the economy, in order to better protect the benefits of the injured party,some countries have expanded the compensation of the loss due to non-property damage tothe field of contract violation in recent years, allowing the claim of compensation of lossdue to non-property damage caused by contract violation under some circumstances.In our country, the claim of compensation of loss due to non-property damage caused bycontract violation is generally denied. There have not been any further research anddiscussion regarding to this subject. With alignment with WTO and the deeper/broaderinteraction with other countries, it is required us to pay more attention to this issue.According to the civil law system, the liabilities for tort & for breach of contract are onequal footing. There must be some space for the compensation for non-property damage inboth liabilities as well as the compensation of property damage. The writer agrees that thecompensation of loss due to non-property damage should be included into the sues bycontract violation from the fairness point of view. The writer is going to demonstrate thisopinion in this thesis by the legal practices in different countries, analysis of right of claim,necessary conditions of tenability, comparison with the compensation of property damagecaused by tort and the scope of application. At last, the related suggestions are made toimprove the legislation in our country.