Breach Of Contract And Compensation For Moral Damage

Nowadays, it is unquestionable that whether in theory or in practice the damages for non-pecuniary loss under liability for tort should be awarded. But the damages for non-pecuniary loss under breach of contract is always a controversial topic.The paper includes four parts, besides introduction and epilogue:At first, the writer introduces the legislation state and legal practice about the damages foe non-pecuniary loss under breach of contract in two legal system countries, such as Germany,France,America and UK, and some typical international legal documents, , for instance. Although the countries have some kinds of different ideas because of their different basic conditions, there is a trend that contract law is covering non-pecuniary loss and giving some ideas of posing compensation into contract law.Secondly, in term of our country, most jurists have an attitude of resistance to the damages for non-pecuniary loss under breach of contract. Professor Wang advocates that the damages for non-pecuniary loss is not applicable to breach of contract, which even shall be accepted as a general principle of our contract law, because the damages for non-pecuniary loss is one way of distinguishing liability for tort from responsibility of breach of contract. Certainly there are some scholars who approve the damages for non-pecuniary loss under breach of contract, such as jianyuan Cui and shiyuan Han. They consider that "the loss" in the Article 112 of should mean pecuniary loss and non-pecuniary loss. Then through the analysis of objectors' reasons, we can rebutter the traditional method of dichotomic classification (liability for tort and responsibility of breach of contract) really isn't unshakable. The differences between two liabilities are becoming vague with the development of the society. Furthermore, we think of the possibility of damages for non-pecuniary loss resulting from breach of contract from some other angles, including the risk of contract, assessment, free appreciation and proof, etc.Applying theory to practice is very important. So, in the third part, we discuss the necessity of the damages for non-pecuniary loss under breach of contract through specific cases in the country. We try to prove the damages for non-pecuniary loss under breach of contract is not only in agreement with the system of damages for non-pecuniary loss, but also in line with the development of the contract law. After that, the writer discusses the feasibility of the damages for non-pecuniary loss under breach of contract in our country. In fact, making good the non-pecuniary loss under breach of contract to observant party is in agreement with the existing law ,such as and