On The Breach Of Contract Compensation For Moral Damage

The compensation for mental damages in breach is a hot topic in law circles. Traditionally, only in infringe field does compensation for mental damages exist. And suspicion and negation are hold in breach compensation for mental damages. This text, combining the current theoretical trends, has illustrated the existence and applicability of compensation for mental damages in the liability for breach of contract from the juridical practice.The paper is divided into four parts. First, it gives a brief account of the compensation formental damages in breach, which tells us the implication of mental damages and the legal basis of the compensation for mental damages in breach. The second part is about the comparative research of the compensation for mental damages, what are ruled by the civil law country, the Anglo-American law system country, the international convention. The result proves the existence of the compensation for mental damages in breach. The third part is about our country to breaks a contract the spirit damage compensate scientific theory or principle and the solid service analysis. Through the present judicature solid service massive cases, may see, because of breaks a contract causes the spiritual harm which the litigant suffers is the objective existence. But under the existing legal frame, this kind of spiritual harm which the victim suffers actually cannot obtain legal the protection, should carries on the breakthrough or the consummation for this from the theory and the system stratification plane, realizes to the specific situation under breaks a contract the spirit damage compensate to carry on the relief. The last part is about the thinks of some problems of the compensation for mental damages in breach. Firstly, it is about three constitute conditions of the compensation for spiritual damages in breach and relations among them. Then the contract ranges of its applicability is concluded, and its meaning of legal is said in this part. The title studies the way to determine the amount of the compensation for mental damages in breach, combining with the common ways used in China and foreign countries. At the same time, the title summarizes the usual limits of the compensation for mental damages in breach in different countries, and expounds the reasonability of limits.