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Study On Compensation For Mental Damage In Breach Of Contract

Posted on:2021-01-12Degree:MasterType:Thesis
Country:ChinaCandidate:M YangFull Text:PDF
GTID:2416330602492454Subject:Science of Law
Abstract/Summary:PDF Full Text Request
In the civil legal system,the protection of spiritual interests is showing an increasing trend.This is because spiritual interests are more and more valued by people in social life.However,because the law stipulates that mental damage only appears in tort litigation,some scholars once regarded mental damage as the fundamental standard for dividing the liability for breach of contract from the liability for tort.However,as contracts with spiritual interests as the main purpose continue to emerge in social life,and the boundaries of contractual obligations are also expanding,only using the theory of liability competition to refer mental damages to infringement for remedy will not be able to solve some simple The situation of causing mental damage to the contract counterparty due to breach of contract.To solve such problems requires the civil law to adjust the remedy mode of mental damage accordingly,give legislative recognition to the objectively existing mental damage in the contract field,and establish a reasonable and effective legal system to provide legal remedies for breach of contract mental damage.In the first ten years of this century,the domestic negation theory of mental damage on breach of contract was taken as a general argument,but with the existence of a large number of cases of breach of contract mental injury in the court trial,scholars of the affirmative view proposed the need to pass legislation to protect non-default parties Spiritual interests.By drawing on the theory of personal injury attachment theory,total compensation theory,commercialization of non-property interests, foreign laws on the mental damage compensation for breach of contract,as well as the legislative model of mental damage compensation for breach of contract in various countries,more and more domestic scholars have resolved the breach of contract in the field of contract.The point of view on the issue of compensation for mental damage is affirmed,and the theoretical basis and legislative value of applying the mental damage for breach of contract are discussed from various aspects.It is necessary to have sufficient reasons to break through the original relief model for mental damage in legislation,and the breach of contract and tort liability co-operation system itself cannot remedy the problem of mental damage suffered only by breach of contract is one of the important reasons.For example,in a wedding service contract,due to the carelessness of the service provider,the wedding video is damaged and cannot be repaired.In this type of contract that has important spiritual interests for the party receiving the service,such a breach of contract will inevitably lead to serious non-default parties.Mental damage,but if the mental damage is not caused by the infringement,it cannot be sued for relief.In view of the aforementioned problem of lack of legal basis for remedy for breach of contract mental damage,judges often use discretionary power combined with the basic theories of civil law to decide the injured party to obtain a certain amount of mental damage compensation in judicial practice.Some scholars believe that the difficulty in judging the mental damage of breach of contract is the intangibility of mental damage.Therefore,it is believed that there is no standard for judging the spiritual benefits of the contract.However,from the perspective of predictability rules and social life experience,a rational third party'S perspective is fully capable of identifying the spiritual benefits existing in the aforementioned wedding service contract and the mental pain that may be suffered due to breach of contract.The spiritual benefits in the contract are exhaustive in this case,which shows that the breach of contract mental damage fully meets the requirements of the predictability rule.The legislative model suitable for breach of contract mental damage compensation in our country should be that the general contract prohibits claims for breach of contract mental damage,but allows for the provision of mental damage compensation for types of contracts and exceptions that comply with the contract.Violation of the moral damage compensation requirements of the contract.The components of moral damage compensation for breach of contract include:objective breach of contract,degree of serious mental damage and direct causal relationship between the first two requirements.Under this legislative model,a standardized and typed contract system should be established,for example,it is divided into contracts with spiritual interests as the contract purpose,contracts with specific spiritual interests in the subject and contract performance.Bring some mental benefits or avoid mental unhelpfulness.Contracts,contracts that affect the trajectory and occupation of the parties.Mental damage that violates the provisions of the.contract is a type of mental damage,so it is necessary to follow the necessary mental damage rules,for example,the object of the request is limited to natural persons.Violation of mental damage also has its own characteristics,such as allowing the amount of compensation for mental damage to be arbitrarily stipulated in the contract without violating enforcement laws.The best way to confirm the legal system for moral damages in violation of the law is to recognize in the form of the legal provisions of the"Civil Code of the People's Republic of China" that moral damages for violations of the contract should be alleviated through liability.Breach of contract.Establishing and perfecting a legal system for compensation for mental damage in breach of contract can better protect the spiritual interests in the contract area and provide legal remedies for non-violating parties who have suffered mental damage.
Keywords/Search Tags:Liability for Breach of Contract, Compensation for Breach of Contract Mental Damage, Personality Rights
PDF Full Text Request
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