The Compensation For Spiritual Damage By Breach Of Contract

Traditional theory of civil law strictly adheres to the dichotomy system of tort liability and the liability for breach of contract,deem the spirit of the system of damages only obtained through the infringement of the legal basis,exclude the application of the compensation for spiritual damage by breach of contract.Also according to our judicial practice and main theory,the mental damage caused by breach of contract can not be indemnified.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.This paper is divided into five parts as follows to demonstrate the mental damages for breach of contract.The first part is a overview of the compensation of contract breach and the compensation for mental injury.Spiritual damage compensation system is resulted from the development of society.The Liability in breach of contract and tort liability are entirely different traditionally and spiritual damages for breach of contract may produce blurred boundaries between these two.The second part analyzes the current situation of mental damages in breach of contract,including current legislation,judicial status and theoretical discussion.From our current legislation,our country does not recognize the compensation for moral damage in contract,there are institutional imperfection and faultiness with the resulting judicial chaos.the scholars have very different point of view concerning spiritual damages for breach of contract:the mainstream holds the view that the spirit or damages applies only to infringement field,but also more and more different voices have appeared.This part illustrates the necessity to allow spiritual damages for breach of contract under certain conditions.The third part is intended to explore the compensation for spiritual damage from the perspective of comparative law.Nations about the compensation for spiritual damage by breach of contract always undergoes a process from negation to relatively open.Our country should actively absorb foreign advanced legislation.Based on our current circumstances,for set up the spiritual damage compensation system.The fourth part analyzes the legitimate basis for introducing spiritual damages for breach of contract.The freedom of contract and contract justice both are questionnaire of modern contract law.When breach the initial purpose of contract caused damages of inherent interests at the same time bring interests of non property damage,accord with the component of liability for breach of contracts.Of course,it can be remedied by the contract law.Traditional dichotomy system unable to fully protect the rights and interests of the obligee.Breach of contract compensation for mental damage is not,of course,conflict with "predictable rules".Foreseeable or foreseeable to the parties,the defaulted party has no reason to refuse to compensate.The fifth part illustrates the construction of the spirit of damages for breach of contract in our Legislation.Due to the special nature of spiritual liquidated damages,the scope of its application should be strictly constrained.