On Compensation For Non-pecuniary Damage In Breach Of Contact

Civil rights relief system take the dual structure of liability for breach of contract and tort liability in traditional civil law and they perform their duties in protecting civil rights.The function of the contract law is to protect the "positive value" transaction that the expected benefits or reliance interests of the contract.The function of the tort law is to protect the "negative" transaction,that is,the inherent property right and the damage to the personal right are classified as the relief of the tort law.In this way,when there is a non-pecuniary damage,the victim can only seek relief through tort liability,even if there is concurrence between breach of contract liability and tort liability.However,such a system of liability would cause the problem that victims were unable to obtain relief if non-pecuniary damage was caused only by breach of contract and did not enter the area of tort liability in the existing legal framework.To solve this problem,this paper would analyze the necessity of granting compensation for non-pecuniary damage in the contract law by summarizing cases and analyzing the deficiency of the concurrence of tort and liability for breach of contract.At the same time,this paper would summarize the compensation system for the non-pecuniary damge in the breach of contract in china on the basis of drawing lessons from foreign cases and judicial practice.In addition to the introduction and conclusion,this paper would be divided into four parts.The first part is telling about the value of compensation system for the non-pecuniary damge in the breach of contract.First of all,the paper would define the concept of "nonpecuniary damage" that refers to the damge of physical or psychological pain and spiritual damge caused by breach of contract.Secondly,I would distinguish the concepts about the spirit of mental damage and spiritual comfort to make clear the scope of this study.And then this paper would analyze the purpose and function of compensation system for the non-pecuniary damge in the breach of contract.The second part is telling about the theoretical disputes and comments on the compensation system for the non-pecuniary damge in the breach of contract.Through the analysis of the positive and negative theory on the compensation system for the non-pecuniary damage in the breach of contract,the auther would talk about his view on it and draw a positive conclusion.The third part is the summary of the relevant legal regulations and judicial practice of non-pecuniary damage at home and abroad.By analyzing the practice and problems in judicial practice,the author would advance an opinion on the application of the system of compensation for non pecuniary damages in breach of contract in China.The fourth part is the construction of the compensation system for the non-pecuniary damage in the breach of contract in China.This part mainly discusses thses parts: the general rules,the specific scope of application(the type of contract)and the way of compensation,etc..