Study On The System Of Compensation For Breach Of Mental Damage

There is considerable controversy over the question of whether moral damages can be applied in breach of contract.The negation holds that,based on theoretical considerations such as the predictability rules of the contract and the expected benefits of the contract,it is not possible to claim compensation for mental damage when claiming liability for breach of contract.Affirmatively,it is advocated to abandon the traditional "stale" concept and support the establishment of moral damages in cases of liability for breach of contract.It is definitely said that the rationality and necessity of the system of compensation for moral damages to breach of contract are mostly discussed from the perspectives of hermeneutics,inadequate protection of the existing system,and judicial status quo.In judicial practice,different courts have different judgments on this issue.The source of disputes in academic circles and judicial inconsistency lies in the vagueness of the current legal provisions.At this time,the applicable legal interpretation method will help us analyze the current regulations more accurately.It can be seen from the interpretation of the meaning and purpose of the legal provisions that compensation for moral damages can be applied to the liability for breach of contract.Compensation for moral damages for breach of contract applies,and the subject of the contract for compensation for moral damages for breach of contract is a natural person.The premise of applying the compensation for breach of contract mental damage is that there is mental damage,and as one of the consequences of mental activity,it can only exist in the natural person subject.A legal person does not have a spiritual interest or the possibility of causing mental damage.Therefore,a legal person may not claim compensation for breach of contract.It is required to have a breach of contract and to determine whether it has breached contract according to different types of contracts.In the case of claiming compensation for moral damage to a breach of contract,the judgment standard for breach of contract is not completely consistent with the general breach of contract.When judging the breach that caused mental damage,more attention is paid to whether it has caused the party's mental suffering.Here,subjectively,There are more perceptual judgments than objective,rational judgments;direct and serious mental damage is required.Compensation can be claimed without the existence of mental damage,and it must be "serious".In judicial practice,judges should make judgments based on the criteria of a generalsocial rational person.For cases with special circumstances,they should consider the different circumstances of specific cases and take comprehensive consideration of various factors to make judgments;require breach of contract and serious mental damage consequences There is a direct causal relationship between them.As for the application of compensation for breach of contract mental damage,it is only necessary to determine that there is a factual causal relationship between the breach and the consequences of serious mental damage,that is,the breach of the contract objectively causes or exacerbates the consequences of serious mental damage.The extent to which liability is assumed is an issue that needs to be considered when determining the scope of compensation.In determining the specific amount of compensation for breach of contract mental damage,the principle of full compensation should be taken as a general principle,and on this basis,other restrictive rules,such as the rules of foreseeability,the rule of negligence,and the rule of maximum limits,shall apply.The rules for offsetting profits and losses and the rules for mitigation of losses applicable to general breaches of contract are not applicable to the compensation for moral damages in breach of contract.Although the rules of foreseeability and fault are also applicable to the cases of compensation for mental loss in breach of contract,they are different from the general cases of breach in the specific application.At the same time,in judicial practice,how to determine whether the breach of contract moral damage is established and how to determine the specific amount of breach of contract damages is a difficult practical issue.Therefore,the application of breach of contract damages must also be restricted by the rule of maximum limitation.To set a maximum limit for compensation for mental damage,the scope of compensation for the defaulting party cannot be expanded without reason.Not any breach of contract in the contract will cause the contracting party to cause mental damage,not all mental damages can claim damages,and the types of contracts to which breach of contract damages apply should be limited.Compensation for breach of contract mental damage applies to three types of contracts: First,the purpose of the contract is to obtain spiritual enjoyment,such as a tour service contract.Second,the subject matter of the contract contains the parties' spiritual interests,such as a contract for the custody of the subject matter with a symbolic personality.Third,although the purpose of entering into a contract is not to obtain spiritual enjoyment,and the subject matter does not include spiritual benefits,once a specific breach occurs,the parties or their close relatives will have great mental suffering,such as apassenger transportation contract.For typical contracts,compensation for breach of contract damages applies to passenger transportation contracts,contract for storage of subject matter with a symbolic personality,and contract contracts for which the subject matter has a symbolic personality;for atypical contracts,compensation for breach of contract damages applies to tourism Service contract,wedding celebration contracts,medical service contracts,viewing performance contracts,and other contracts involving spiritual benefits.In a commercial contract,the purpose of the parties to enter into a contract is to obtain pure commercial benefits,and the content of the contract is only related to economic interests and does not involve spiritual interests.Therefore,in such contracts,the system of compensation for spiritual damage for breach of contract cannot be applied.In order to change the status quo of the current law's insufficiency of the protection of the mental damage suffered by the parties,the moral damage compensation system should adapt to the continuous development of modern society while adhering to its institutional purpose,and appropriately expand the scope of mental damage compensation,The system was introduced into the field of contract law to meet the needs of real life.