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Discussion On Compensation For Spiritual Damages In Liability For Breach Of Contract

Posted on:2008-09-20Degree:MasterType:Thesis
Country:ChinaCandidate:Y MaFull Text:PDF
GTID:2206360215954746Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The issue of Mental Distress Damages for Breach of Contract is a hot topic in the legal field currently. According to the traditional theory of the civil law, mental distress damages can only be compensated in the Tort area. And we firmly oppose to have the mental distress damages compensated in the contract area. The author doesn't agree with the viewpoint above, and she believes the traditional theory could not provide full protection on mental distress damages. The article is made up of five parts:Part 1: In this part, the author studies hard in the reasons which prove that mental distress damages couldn't be compensated in the contract area, and then find the defects of those reasons and t get the conclusion that mental distress damages can be compensated in the contract area.Part 2: In this part, the author shows the audience the legislation and cases in the typical countries in the American Law System, as well as those in the Civil Law System. And then the author introduces the legislation in the national treaties to the audience. The legislation and cases indicate that, with the development of the economy, more and more countries tend to admit the mental distress damages for beach of contract. China should follow the tendency of the world and try to establish the system.Part 3: In this part, the author describes the current judicial practice of mental distress damages for breach of contract in China. China develops quickly these years, and people ask for mental distress damages in the contract law area. We have to modify the law to make it suitable to the society.Part 4: In this part, the author proves that the system of mental distress damages for breach of contract reasonable in theory.Part 5: In this part, the author introduces the legislation about mental distress damages for breach of contract in China. And then gives the idea how to establish the system in China and how to make it perfect.
Keywords/Search Tags:traditional theory of civil law, breach of contract, mental distress damages
PDF Full Text Request
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