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Empirical Study Of Compensation For Mental Injury Breach Of Contract

Posted on:2018-11-09Degree:MasterType:Thesis
Country:ChinaCandidate:Q YiFull Text:PDF
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Moral damage compensation only apply for a tort remedies,there is no clear basis for the the application of liability for breach of contracts.In essence,the contract,based on the purpose of spiritual interests and pleasure,are closely related to personality interests and personal interests.Meanwhile,this kind of contracts are increasing obviously.So the possibility of the breach of contract leads to the damage of the spiritual field,and the case of "breach of contract spirit damage" can be found on the referee instrument network.Non-property interests of the parties,that suits the logic and the development of the times.Thus,the moral damage compensation is necessary for further exploration and research,not only has far-reaching theoretical value,but also be a guide for judicial practice.This paper is divided into the following five parts:The first part is the empirical study of the compensation for moral damages.Based on the 331 valid instruments in the period from January 1,2008 to December 31,2014,the multidimensional statistical analysis can reveal the truth that most result of the suits were opposite,but almost 21.17%went for it while it come to some certain special contracts.The second part is the theory and practice of compensation for moral damage.First,drawing lessons from the legislation system and theory achievement in common law system and civil law system could provide the extraterritorial experience for demonstrating the system of compensation for breach of contract spiritual damage.At the same time,from the positive and negative aspects of both the conclusion,based on the spirit of moral damage compensation theory of contention,it does maintain the legitimacy when the theory applies conditionally which won't break the basic spirit of contract.In practice,there are also some differences.Therefore,it is necessary to clear the necessity of compensation for moral damage to protect lawful rights and insure judicial unity.The third part is the contract type of the compensation for moral damage.It is clear f rom the certain condition and restriction that business,non-natural person,the pure property contract,the violation and other types of contracts lead to the application of moral damage compensation to avoid abuse of the system.Meanwhile,on the basis of defining the scope o f the application of specific areas,the paper lists the specific types of contracts,such as the contract for the purpose of spiritual enjoyment,which is more conductive to judicial adjudica tion.The fourth part is about the concrete rules of the compensation of moral damage.This paper mainly discusses the three-dimensional system of moral damage compensation from three aspects:legislative model,constituent elements and judicial application,so as to set “the standard”.The fifth part is a conclusion that at least some types of the contracts should be the basic tune of the compensation for moral damage,and puts forward the legislative mode of the system that is strongly practical,and meets the people's life logic and legal logic,as the legislative proposals.Through empirical research and theoretical proof,it is concluded that the necessity and restrictive conditions for the construction of moral damage compensation and the scientific establishment of the system of compensation for moral damage in breach of contract can not only provide theoretical basis for the non-property interests of the counter-party,Conforming to the world trend,connects,with the common law system and the civil law system,breaks through the traditional civil law theory and provides the breach relief for the spiritual damage in the contract law field.
Keywords/Search Tags:default, the compensation for mental injury, application of law
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