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A Study On The Compensation For Spiritual Damage Caused By The Breach Of Tourism Contract

Posted on:2020-10-18Degree:MasterType:Thesis
Country:ChinaCandidate:X D FanFull Text:PDF
GTID:2416330572498317Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The promulgation of the "Law of the People's Republic of China" marks that tourism contracts have become well-known in China.As a new type of contract,the difference between tourism contracts and traditional contracts is particularly obvious.The purpose of traditional contracts is mainly to pursue commercial economic interests.The tourism contract aims to pursue the spiritual benefits of enjoying pleasure and happiness.The traditional contract legislative mechanism pursued by protecting economic interests lacks targeted adjustments to the new contract.The loss of travel contract default is the spiritual interest.The Chinese nation's legislation does not provide for a system of compensation for mental damages.The victim can only obtain relief under the legislative framework of responsibility and competition,but the protection of economic losses and moral damage cannot be combined.Therefore,it is of great theoretical and practical value to study and pass legislation to confirm the compensation system for the compensation of breach of contract.The recognition of the breach of contract mental damage compensation system for tourism contracts has become a common legislative trend of countries(or regions).German law recognizes the compensation for spiritual damages caused by breach of contract by consumers in tourism contracts;France adopts the method of expanding interpretation of the law to recognize compensation for breach of contract moral damage;Taiwan in China follows the legislation of Germany and affirms the spirit of breach of contract in the revised "Civil Law" Damage compensation system.In the process of compiling,the Civil Code of China should recognize the compensation system for breach of contract moral damage in the tourism contract,add the chapter of the tourism contract in the contract law,set the compensation clause for the moral damage of the travel contract breach in the responsibility part,introduce the travel time waste request right,and support the default.Mental damage compensation system.It is clear that the tour operator's breach of contract,the tour operator's supervisor is at fault,causing serious mental damage compensation,and the behavioral results have four major elements of causality to prevent the occurrence of abuse.
Keywords/Search Tags:Travel contract, Liability for breach of contract, Mental damage
PDF Full Text Request
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