The Compensation For Moral Damage In Breach Of Contract

The compensation for moral damage emerges and then develops in a controversialcircumstance. However, theorists and practitioners in many countries in the world havevarying degrees of recognition about that the compensation system for moral damage plays animportant role in the lives of people and is very valuable in the legal system, while think it asa important form in civil liabilities. According to the traditional civil law, the liability forbreach of contract in essence is a property of responsibility, its key function is to compensate,so it should not include compensation for moral damage because of its punitive function.Mental damages can only exist in the field of tort law. This article is not very much agree withthis argument, I believe that the only relief currently the way by concurrence of liability tocompensate the victim’s moral damage is not sufficient, after all, in a number of contracts,moral damage in breach of the contract is an objective existence, but also is fully foreseeable,its remedies in contract law is entirely feasible, therefore, compensation for moral damageshould be included within the scope of the liability for breach of contract. At the same time, inorder to prevent the protection of the spiritual interests of victims are excessive expansion andabuse of breach of contract compensation for moral damage, to adapt it to the economicdevelopment, it is necessary to have very strict restrictions on the circumstances where it isapplicable, and we can carry out the compensation for moral damage to be typed.There are five chapters except for preface and epilogue.Part one, the author elaborates development of the mental damage compensation system,focusing on its development trend. After defining the concept of mental damage, pointing outthat the functions of compensation for moral damage compensation and punitive functions isincidental to its comfort functions, the trend is affirmed at last.Part two introduces the different attitudes towards this program in different countries.The author observes the situation in England、America、Germany、France, found a commontrend between the two legal systems: regardless of civil law or common law, a tendency tobreach of contract applicable to compensation for moral damage, some civil law countrieshave broken limitations, common law countries have recognition of compensation for moraldamage in the trial cases, in some document of international law can also find strong supportin this regard.Part three, there is the problem that moral damage for breach of contracts firstly put forward, and how the current situation of solutions is. Take a case for example, it reveals thatthe specific courts in China how to deal with these compensations, and analysis theoreticalattitude about this.Part four, the author analyzes the legal basis of application this system. First of all, themental damage caused by breach of contract is a real existence, but coincidental liability hasits own limitations, which leads to the demonstration of compensation for moral damage.Firstly, evaluates several negative traditional views, and then analyzes from the theoreticalbasis to realistic basis.Part five, author gives some advises to how construct system of compensation for moraldamage in our country. First, author lists several modes in which building system can adopt,and then seeks legal basis for the establishment of this end system. Moreover, provides someprinciples to restrict its application，such as forseeability principle, minimal harm rule,mitigate loss rule and so on. By this way, we can restrict the application to a proper scope andprevent its flooding use so as to achieve the legislative purpose of contract law that is toprotect the legitimate rights and interests of the parties and encourage deals. At last, the authoradopts the mode of classifying the contracts concerning the moral damage compensation byenumerate the contracts.