The Non-property Damage Resulted From Violating The Contract

In China, because of the persistent in the traditional view “duality of Breach and Infringement”, the court doesn’t support the non-property damage resulted from violating the contract. The only way to seek non-property remedy is the protection of suit of tort under the rules of the coincidence of tortuous liability and default liability. With the development of the times and the reform of law, the competing theories can’t meet the requirement of the modern times. After studying the situation of non-property damage resulted from violating the contract in China and the researching of foreign countries, this thesis discusses the rationality of the implement of the theory of the non-property damage resulted from violating the contract in perspective of comparative law, and making the related relevant system.The first chapter This chapter introduces the relevant basic conception;What’s “ non-property damage resulted from violating the contract ”; The scope of“non-property damage resulted from violating the contract”;The coincidence of tortuous liability and default liability on the matter of “non-property damage”This chapter analyzes the research status of“non-property damage resulted from violating the contract”,and points out the shortage of the relevant research in the aspect of the legislation,the academic field,and the current judicial practice. First of all,the lack of legislation.There is no relevant stipulations of “ non-property damage” in the relevant field of civil law.There have long been controversies of “duality of Breach and Infringement”.This chapter introduces the different legislation in nations from the perspective of comparative law.First of all is English Law.The definition of the “compensate for non-property damage” of is simple and dark in the traditional English Law.England established the “ No compensation for the non-property damage resulted from violating the contract”。The England established the standard of compensate for the non-property damage resulted from different contract step by step.This chapter discusses the rationality of the implement of “ non-property damage resulted from violating the contract”,and criticizes the view “duality of Breach and Infringement” by analyzing the relevant cases and the laws.This chapter puts forward the path for reform from the comprehensive view of the international communities.we can get the experience of Predictability theory from the English law and we can get enlightenment from the perspective of the commercialisation of German Law.we can get the basic framework of “ non-property damage resulted from violating the contract ” by weighing comprehensively in our country ’ s legal practice...