On The Compensation FOR Mental Injury In Air Passenger Transport

With the fleet development of international aviation industry, more and morepeople prefer to getting around on enplane for the convenience of high efficiency tosave time. However, the complexity of application of law also results in challenge tothe traditional law system. It is one of them that whether the mental injury can becovered by the the Warsaw convention and the Montreal convention.The MontrealConvention is the evolver to the Warsaw Convention and replaces the system ofliability.Both of them did not present an explicit definition because of the legal conflictbetween the the continental law system and the common law system. There aredifferent interpretations on account of various legal tradition of countries. This articleanalyses the distinction with case study method and comparative study and the analysisof legalization, and proposed legislation and judicial opinion according to the specificdomestic conditions. In addition there is also discussion about the gradually institutionof compensation for moral damage in breach of contract and its legal basis andfeasibility.This paper firstly presents the basic concept of mental injury and decides lexcause from the perspective of Content And Historical Evolution..Secondly there is anexposition of the elementary constitution of the institution by single conception.Thirdly, argumentation about the necessity of compensation for moral damage inbreach of contract especially for flight delay by the analysis of statute and case.Finally, Proposal to the our country’s judicial suggestions according to the domestic situation.