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Research On Compensation For Spiritual Damage Resulting From Liability For Breach Of Contract

Posted on:2015-03-27Degree:MasterType:Thesis
Country:ChinaCandidate:F WangFull Text:PDF
Abstract/Summary:PDF Full Text Request
In our current judicial practice, compensation for spiritual damage resultingfrom breach of contract exists far beyond the case. Field theory in our country hasbeen keeping an eye on this issue, but always there is no more consistentconclusion,and based on the principles of fairness and justice judge, before makingsupportive judgment for compensation for spiritual damage resulting from breach ofcontract, contradiction between fairness of judgment and no legal basis become anunavoidable problem. China’s current liability concurrence theories is in order tosolve the relief,that at the same time of the spiritual damage resulting caused by thedefaulting party to the observant, there are violation of the rights of the innocentparty’s health. But in those contracts with the main purpose of benefits or in thosecontacts in which the subject matter of the contract carries emotional significant,defaulting party’s breach may no only cause material damages, but also make someobservant expectations of spirit dashed. Some mental anguish does not belong to thescope of tort law, then there have been gaps in the relief for spirit equity relief fromobservant of contract. We can not ignore the existence of this objective, so it isnecessary to give Legal Remedies for the unfair quo.This article is mainly to case analysis, and supplemented with Literatureanalysis and history method, to discuss about that whether liability for the breach ofcontract can adapt to compensation for mental damage. Begins with three typicalcases illustrates it objectivity of the problem, then by further analyzing the casereveals it the limitations of existed theories of competing responsibilities andnecessity to establish system of compensation for spiritual damage resulting frombreach of contract. Currently in China for theory controversy about compensationfor spiritual damage resulting from breach of contract are there two kinds, certainlydoctrine and negative doctrine. Most scholars do not support compensation forspiritual damage resulting from breach of contract, but I think, we should admitcompensation for spiritual damage resulting from breach of contract. On this base will I refute negative issue, for example competing responsibilities, unforeseen,difficult to obtain evidence, abuse their power, personality commercialization,unfavorable for trading etc.The international community experienced from resolutely opposed to thegradual liberalization in record to the compensation for moral damage in contractbreach,eventually admitted the process about the compensation for moral damage incontract breach, from the perspective of comparative, carts the relevant theory andjurisprudence for the Anglo-American legal system and the continental legal system.This not only further illustrates the necessity to recognize the compensation formoral damage in contract breach,but also provides a reference for legislation model.The most appropriate model should be the model, which is prohibit in principle,allowed under exceptional circumstances. Therefore, we can refer to the practice ofthe system the compensation for moral damage in contract breach, make“expansionary interpretation” for the relevant provisions of contract law, let the“loss” in the provisions be expand interpreted to be the loss, which containsmental damage, thus provide a legal basis for investigating liability for thecompensation for moral damage in contract breach. At the same time,“theinterpretation about the compensation for moral damage in contract breach”shouldbe introduced, to define the contract type of the compensation for moral damagewhich are allowed in contract breach. Finally I will give a few suggestions for lawapplication of the compensation for moral damage in contract breach, mainly fromthree aspects, subjects range, restrictions for anticipatory breach of contract,determine for the amount of compensation. I hope, this can promote the resolutionof conflict between existing theories and practical needs, achieve the fairness andjustice of the compensation for moral damage in contract breach und law.
Keywords/Search Tags:Liability for Breach of Contract, Liability Concurrence, Compensation forSpiritual Damage
PDF Full Text Request
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