Academic Study On Compensation For Moral Loss In Breach Of Contract

Nowadays, the compensation for mental loss in breach of contract is one of the most controversial topics in the field of the law. These arguments are focused on the following aspects: the first argument is whether breaches of contract should undertake the responsibility of the compensation for mental loss, the second focuses on what legal theory of the compensation for mental loss in breach of contract is, the third is the classification of the compensation for mental loss including their constitutive requirements, and the fourth one is about whether those practical theories and experiences abroad can be adopted when it comes to the legislation on compensation for mental loss in breach of contract in our country. At present, there are some detailed descriptions in academic about those points,and great interest about this topic has shown in lots of academic papers. This paper focuses on the types of the compensation for mental loss in breach of contract, meanwhile it puts forward some proposals about how to design such a system as well as makes a brief analysis about the legal basis of compensation for mental loss allowing for the integrity and systematization of this theory.This paper can be divided into four chapters.The first chapter is concerned with the concept of the compensation for mental loss in breach of contract. Having referred to many a great academic work, the author will state his comprehension of it. Moreover, the rationality and necessity of the compensation for mental loss in breach of contract will also be expressed briefly both on theory and practice on the basis of what the author has read,which also being the foundation of the following analysis.The second chapter mainly talks about the present status of the compensation for mental loss in breach of contract in our country. This part will describe the present status of the compensation for mental loss in breach of contract macroscopically from the aspects of legislation, judicature as well as theoretical research, which contributes to analysing cases, studying theories and building up the relevant system. Besides, it also makes the focus clearer and help readers have a better understanding of the views raised in the paper.The third chapter, the emphasis of this paper, does some classified research on cases of the compensation for mental loss in breach of contract. By comparing typical cases both at home and abroad, the compensation for mental loss can be classified to five types named the compensation for mental loss in breach of contract caused by failing to perform some articles of contracts aiming at offering some certain fun, the compensation for mental loss in breach of contract caused by failing to perform some articles of contracts aiming at providing certain convenience, the compensation for mental loss in breach of contracts caused by failing to perform some articles of contracts aiming at relieving pain or trouble, the compensation for mental loss in breach of contracts caused by some contents with certain feelings being damaged, and the compensation for mental loss in breach of contracts caused by failing to perform some articles of contracts influenced one’s development of life and career.By introducing the basic conception, bringing in cases and relevant rules at home and abroad, analysing important components of each type, the author tries to make a clear and reasonable explanation of this topic and in hoping of providing something valuable both in theory and practice.