The Dissertation For Spiritual Damages Of Breach

In the contract area, numbers of contracts for seeking the spiritual interests have grownsharply, which has aggravated the spiritual damages due to the breach of contract. However,according to the traditional theory in Civil Law, tort law is entitled to the adjustment of mentaldamages compensation but not the contract law. Even the spiritual damages in contract shouldbe solved by liability concurrence system. This article argues that, for the spiritual damagescaused by breach of contract have been social reality, the law, as a tool of adjusting socialrelations, should respond to the current needs of society. Liability concurrence system in civillaw could not solve the spiritual damages caused by default. For instance, in the weddingphotography contract, the spiritual damages are brought about by default but not tort. Underthis circumstance, liability concurrence system is feeble and futile. In that way, the law shouldbe open in China and confirm the spiritual damage compensation.The thesis consists of three chapters: introduction, main body and conclusion. As for themain body, it is composed of five parts.Introduction, It is analyzed that spiritual damage for the breach of contract is not paid aattention to. Learning from foreign law, it points out there is a need to build a breach ofspiritual damage compensation.Part One， mainly comes to define the breach of spiritual damages contractcompensation, and the brief introduction of spiritual damages, compensation for spiritualdamages by breach of contract. It clearly puts forward the urgency and realistic significanceof admitting the spiritual compensation in default field.Part Two primarily analyzes the present problems on the spiritual damages compensationfor breach of the contract in legislation and judiciary. The Chinese Contract Law hasn’tclearly acknowledge the spiritual damages compensation, only the Tort Law and somerelevant judiciary explanations of Supreme People’s Court have incorporated the spiritualdamages compensation into the tort lawsuit. In the judicial field, courts at all levels cannotattach agreement on the spiritual damages compensation by breach of contract, which leads tothe disunity of relevant sentence. The sentence of supporting the spiritual damagescompensation by breach is mainly realized through the explanations of relevant rules of the General Principles of the Civil Law and Contract Law. It is a very positive step for the boldinnovation in judicial circles.Part Three mostly introduces the rules of the compensation for spiritual damages inoverseas law and relevant international legal documents. Whether in Continental Law System,Anglo-American Legal System or relevant international legal documents, to varying degrees,they all have affirmed the compensation for spiritual damages and given limited supports.French Law and German Law are comparatively more open than British and Americanlaw on this issue. And the international legal documents give a more explicit confirmation inthe compensation for spiritual damages.Part Four largely presents the traditional theory of compensation for spiritual damagesand its refutation, thus to ensure its practical significance. This part firstly introduces eighttypical reasons for opposing the spiritual damages compensation, then arguing it one by one.Meanwhile, the article offers five aspects to prove the rationality of the existence of spiritualdamages compensation in a positive side through the needs of humanistic concerns of theCivil Law, the real demands of spiritual damages compensation, needs of completecompensation system, needs of contractual collateral obligation and the needs to perfect thelegal theory on compensation. Indicating that the traditional Civil Law is no longer to meetthe current needs, the spiritual damages compensation is not the patent of Tort Lawsuit. It isessential to have spiritual damages compensation in the suit of contract.Part Five offers a proposal on the legislation-construction through the analysis ofspiritual damages compensation patterns. This article maintains that it is more reasonable toadopt the mode—“principles forbidden, and the exceptions allowed”. In order to makespiritual damages compensation more operative, it is necessary to put forward the spiritualdamages compensation legally and definitely. For the strong subjectivity of spiritual damagescompensation, this article comes up with the rules of limiting the compensation of spiritualdamages.In the conclusion part, the author sums up the current law has failed to meet the demandsof spiritual damages caused by breach of contract. Additionally, as the weaknesses oftraditional civil law have been exposed, it is imminent to re-construct the system of spiritual damages compensation.