Font Size: a A A

Breach Of The Spirit Of Damages

Posted on:2013-01-14Degree:MasterType:Thesis
Country:ChinaCandidate:S B LiFull Text:PDF
GTID:2216330374459843Subject:Law
Abstract/Summary:PDF Full Text Request
As social development of the people in for material benefit and importance to the spirit of their own interests, however, the liability of the mind injury compensation has been there, civil law tradition that, only the responsibility of the existing problems and mind injury compensation for breach of the mind injury compensation always suspicious and negative attitude. I think, the liability also exist in the corresponding mind injury compensation, and only rely on duty was to the theory is not fully protect the interests of the parties, this article from this angle, trying to search for breach of the mind injury compensation of the seven parts:For breach of the first part in damages to outline the main, from china for breach of the relevant regulations, and mind injury compensation system provides an overview and mind injury and damage to property damage and the spirit of the scope of the few aspects, will this have to discuss a few key concepts to explain clearly to the further reasoning behind lay a foundation.The second part of a breach in the negative:can apply mind injury compensation of the question of point of view, the part of the main from the point of view, a comprehensive analysis of its ideas and finally come to the liability in damages, the rationality.The third part:default mind injury compensation of the system of comparative law review, the part of the main from the british and American, french, german law, Australia, Switzerland and the unification of international law and legislative reforms and international legislation on the liability of the spirit of compensation legislation and legislation, and draw in damages for breach of the problem of necessity.The fourth part of our breach of established:mind injury compensation system theory on the part from the liability in damage to the nature of legal basis for our country, civil law and civil responsibility of the contract responsibility system and took to the system of mental interests is waiting for the protection of the limitations on the establishment of a breach in mind injury compensation system theory on further instructions for breach of the mind injury compensation system.For breach of the fifth part of the spirit of compensation system build, the main from the expansion of the civil law and in claims for damages for breach of the system of the limited scope, the judicial practice should stick to principles and the parties may agree on a voluntary damages, and from these few ways to make some suggestions for the reference.The sixth part:closing.The seventh part:thanks.
Keywords/Search Tags:liability of breach faith, damage compensation for the the spiritualdamage
PDF Full Text Request
Related items