Research On Spiritual Damage Compensation Of Personality Contract Default

At present, people pay more attention to the protection of spiritual interests, not only focus on the protection of material interests, the protection of personality interests of the same attention. "From the existing literature, there is no standard definition of personality interests"personality interests reflected in many aspects, in which personality is an important carrier of personality interests, personality is not only the personality of the bearing, but also the interests of the personality an important manifestation. The existence of personality interests makes the personality than their ordinary items have their particularity. With the development of economy, trade tends to be more prosperous, the type and content of the contract are increasingly rich. There has been an increasing number of legal disputes arising from breach of contract. As far as the present situation is concerned, the law mainly protects property relations and property relations are undoubtedly important as a very important social relationship in contemporary society. But the protection of personality interests is also very important, the current legal system is not perfect. The imperfections are mainly reflected in the fact that the law of our country does not stipulate the problem of mental damage compensation for personal contract. Therefore, it is necessary to study the mental damage of personality contract.This paper focuses on the study of the spirit of damages arising from the breach of contract of personality, and finds out the problem and makes the interest in the personality contract be damaged on the basis of clarifying the constituent elements of the liability for breach of contract. Party to get the appropriate mental damage compensation, so that the original may not have a high market value, but for a particular person has a very important emotional interests of the subject by the special protection of the law, which also better reflects the civil law of humanistic spirit and civil law advocated by the public good the basic principle.This paper is divided into six chapters: The first chapter is mainly part of the introduction, including the background and significance of research, domestic and foreign research status review, the research content of the paper and research methods and innovation of the paper. The second chapter mainly summarizes the basic theory of personality. This chapter mainly starts from the actual case, introduces the concept of personality object, then elaborates the scope of personality object and the classification of personality object, and makes a summary of the characteristics of personality object on the basis of clear both, as the basic Interpretation of theory. After elaborating the basic theory of personality, the third chapter mainly elaborates the basic theory of personality contract. It mainly includes the concept of personality contract and the classification of personality contract. On this basis, it introduces the constituent elements of personality contract and the principle of liability for breach of contract. After the first two chapters to clarify the basic theory of personality and personality contract, the fourth chapter is mainly on the domestic and foreign personality and personality of the contract breach of contract damages the status of research to sort out. In the fifth chapter, on the basis of the research on the status quo of the compensation for the spirit of breach of contract in the domestic and foreign countries, the author discusses the basis of establishing the system of compensation for breach of contract. The sixth chapter mainly analyzes the problems existing in the compensation for the mental damage of the personality of our country, and puts forward its own ideas and suggestions in view of the existing problems, The chapter mainly includes: the establishment of personality list system to solve the problem of the definition of personality is not clear; to further clarify the amount of compensation to determine the basis for the amount of compensation to the problem of high distortion; the establishment of case guidance system to strengthen the guidance of legal practice ; Advocate in the text of the contract to increase the liability for breach of contract damages to promote autonomy.