Spirit Indemnity In Breach Of Contract

The rights of the spirit damage compensate can be introduced into breach of contracthave a long-standing controversy, the judicial and the mainstream point of academic circleshave a negation attitude, only admitted in tort liability can bring spiritual damagecompensation. However, in the face of the rapid development of economy society, socialcomplexity, multi-faceted circumstances, many contract appeared to meet the spiritualneed,and resulted a great spiritual damage to the non-defaulting party when one breach of thecontract, also exposed the malpractice of the system structure to divided liability in traditionalcivil law, then the voice of request the spirit damage compensate in the liability for breach ofcontract increasingly strong. This paper attempts to analysis and argumentation, and shownthe feasibility and necessity to construct the system of spiritual damage compensation in ourcountry, then put forward the shallow proposal to this system.The paper is divided into introduction, main text and conclusion parts.First of all, in the introduction part there have three typical cases, the author point outthat compensation for spiritual damage cases have relative prevalence in the real life, and thefinal judgment were not standardized, then leads into the necessity for the question.Secondly, the text is divided into five parts. The first part: Mainly introduces the generaltheory of the default compensation for spiritual damage, through our country and abroadhistorical development of the mental damage and compensation for spiritual damages, andmental damage be defined clearly, then through connection of the default liability andcompensation for mental damages to put forward the kinds of circumstances in case ofbreach of contract may lead to mental damage in our country.The second part: through the methods of comparison analysis, introduces the othercountries and international legislation for the default compensation for spiritual damageproblem and the relevant provisions of the development. Although rooted in different legalsoil, but all countries exhibit varying degrees of acceptance, some countries have even takenthe widely acknowledged attitude, international legislation on the issue is gradually shownpositive opinions.The third part: introduces the present situation of default compensation for spiritualdamage in our country’s and the problems of the basis for claim right. Through the current legislation in our country, the negation and affirmation opinions of academia and reasonanalysis, face up to the complexity of the problem, because there is no clear legislation in ourcountry, so caused confusion judges in the judicial practice, then attempts to explain the legalprovisions to find the basis for claim right of mental compensation for the breach of contract.The fourth part: analysis the necessity to construct the system of default compensationfor spiritual damage. To refute several objections that are more targeted, pointed out thereasons of support are insufficient, and then from perfect contract legislation and civilresponsibility system, the rules of full compensation, the concept of fair and justice andinherent requirement of human rights and other aspects to explain the necessity to establishthe system, pointed out the defects to only allow in tort,there would be appropriateadjustments to the system of civil liability, make the compensation for spiritual damage isalso extended to breach of contract, in order to achieve the comprehensive protectionpurposes of the interests of the parties.The fifth part: put forward shallow proposal of construction of default compensation forspiritual damage system in Chain. From clearing request right, stricting elements and otheraspects, point out several kinds of legislative mode at present and the type of generalprohibition and exceptions are allowed is more suitable for our country, Then clear theexceptions through discussion the type of analysis. Finally, in order to prevent excessivelitigation appear, put forward some constraints, with period in the course of implementing thesystem more reasonable.Finally, the conclusion part: appeal the existence the spirit damage compensate requestright at the default case again, in the practice In view of such cases occur widely, we shouldface up to the problem, and improve constantly in law, continue to improve to the idea, and inorder to better protect the legitimate rights and interests of parties, we should intensified thepace of Construction of the system that default compensation for spiritual damage in Chain.