Analysis Of The Practice Of Compensation For Breach Of Contract

Since the existing legislation only stipulates that the tort liability can be claimed in the tort liability,but there is no express provision in the contract breach of contract is able to request,so on the breach of contract obligations caused by the spirit of the infringement can raise a breach of contract The way to get legal relief has been a controversial issue in theorists.In judicial practice,because the legislation does not expressly stipulate that the judgment of mental damages in breach of contract is not uniform,it affects the authority and unity of the law to a great extent.Based on this,this paper begins by analyzing five different types of contract disputes and the different judgments made by the judges to illustrate the necessity of constructing the system of breach of contract in our country.Secondly,it elaborates the basic theory of this system and studies the theory The existence of different doctrines.Thirdly,through comparative analysis of the study of foreign legislation on this issue proposed for China to learn from the place.And finally try to build a system of compensation for breach of contract in China's judicial situation.