On Moral Damages For Breach Of Contract

Traditional eivil law theory consider that the compensation for moral damage only can be exist in tort liability. It also keep negative and suspected attitude to the compensation for moral damage in breach of contract.Along with the more and more law suit of compensation for moral damage in breach of contract in judicial practice,the issue that if compensation for moral damage can be established in breach of contract,gradually cause the controversy.In order to fit in with the needs of the society and economy development, only when its theory is studied more thoroughly and further explorations are made for it in judicial practice, will the legal systems of damages for breach be perfected continually.This article is divided into four parts. In the first part ,this article defines the basic concepts of moral damage in breach of contract.In the second part,by comparing with Civil Law,Common Law and legislative International documents, This article raises that the compensation for moral damage can exsit in breach of contract.In the third part, this article analyzes the application of moral damage in breach of contract,then refute the view points those who hold to object the compensation for moral damage in breach of contract.In the fourth part, from the type of contract, liability structure and restriction rules, the anthor will propose the system design of the compensation for moral damage in breach of contract in our country.