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On Application Of Moral Damage Compensation In Breach Of Contract

Posted on:2016-08-26Degree:MasterType:Thesis
Country:ChinaCandidate:X Y WuFull Text:PDF
GTID:2336330503494424Subject:legal
Abstract/Summary:PDF Full Text Request
Although moral damage compensation is not include in breach of legislative system in our county, moral damage compensation has been applied in some contract lawsuit involving moral interests, but the affirming method and application are not uniform. The discussion on moral damage in breach of contract is quite a lot, mainly focus on the possibility of moral damage in breach of contract, specific application is not further discussed.Based on this, this paper attempts to use case studies, and research methods of comparative law to analyze domestic and international experience in judicial practice relating to the application of moral damage compensation in breach of contract. Then think about how to affirm the application of moral damage compensation in breach of contract. It should be recognized by the contract intention. Specifically discusses the following aspects:Chapter 1:analyze academic views and judicial precedents of moral damage in breach of contract, then think about the affirming method. It's the foundation of the discussion below.Chapter 2:propose the method to affirm the application of moral damage compensation in breach of contract by analyzing the domestic and international judicial practice.Chapter 3:confirm the affirming method of moral damage in breach of contract by both the constitutive elements and special rules.
Keywords/Search Tags:moral damage compensation, moral damage compensation in breach of contract, application scope of moral damage compensation in breach of contract, constitutive elements of moral damage compensation in breach of contract
PDF Full Text Request
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