Discussion Of Tourism Contract Compensation For Spiritual Damages

Nowadays, Personal Rights among the Civil Rights are widely respected in the current society. The associated issues on compensation for spiritual damages are becoming the top and core issues of the civil law. However, because of the dual structure of Liability of Tort and Liability of Default, traditional civil law keeps principle that compensation for spiritual damages may be promoted based on the former; while may not be promoted based on the later. The victim could only stick to the cooperation-competition theory of Tort Liability and Default Liability. The compensation for spiritual damages and benefits of contract are alternative. There are lots of causes, among which, an important one is the bias understanding on the function of contract:the contact is not only to realize the economic benefit by business trading, but also a carrier of spiritual purpose. Travelling contract is also applied to the theory. The tourism contract is different from the contract which regards the economic interests as the starting point, the tourism contact targets on enjoying the special spiritual benefits. If anything goes against this contract, it will not only cause the economic losses to the tourist, but also will affect the tourists’mood, so as to harm the tourists’spiritual benefits. In order to protect the justice and fairness for tourism contract, the tourists should be compensated with economic losses and the tourists’spiritual benefits should be put first.The modern society requires an actively response from the civil law. The legislation of countries like France and Japan loosen their views on compensation for spiritual damage; Taiwan regions of our country has also make positive attitude after revise code of civil law; and countries represented by Germany admit that the travelling contract etc. equals with contract pursuing spiritual benefit. This is an important institutional innovation of contract law, and also a response to the pursuing of spiritual benefit from the civil subject of current society. However, during this progress, questions like the applied scope, the connection to the Default Liability and the ascertainment of the compensation for spiritual damage shall be further researched to realize complete system coherence among the civil law institutions.