Study Of The Default Compensation For Mental Damage Of Expected Spiritual Interest Contract

Traditional theory holds that the liability for breach of contract does not include mental injury compensation for mental damage compensation is solved by tort liability. But the spiritual damage caused by default is objective existence, we cannot ignore its existence,though there is no relevant legislative provisions. Expect spirit benefit contract default liability of compensation for mental injury, touched the dual liability for breach of contract and tort liability system of marginal, neglect to expect spirit interests protection, will violate the fair and justice. We should break the bondage of the original theory, a reasonable profit from the overseas related legislation and judicial experience, and actively build our default compensation for spiritual damage of expected spiritual interest contract system.This article interests in the spirit of looking forward to the typical cases in the contract as analysis object, and defaults on its involves the analysis of mental damage compensation dispute focal point one by one, in case, the spirit of looking forward to the interests of the contract the nature of the cases of compensation for mental damage of default definition, the legal constitutive requirements, imputation principle is analyzed, and the case caused the deep reason of mental injury with claims of breach of the" contract-infringement "dichotomy defects of civil liability system, liability concurrence theory can effectively solve the problems and default liability concurrence of spirit damage compensation for mental damage compensation in contract law in our country basic problems are discussed in this paper, at the same time, draw lessons from foreign related legislation and judicial experience, based on the accurate definition is looking forward to the interests of the contract, breach of contract spirit damage to accompany countervail limit rules and judge accurately apply the principle of several Suggestions, in order to establish our country the default compensation for spiritual damage of expected spiritual interest contract system.