Research On The Compensation For Mental Damage Caused By Breach Of Contract

The traditional civil liability of our country adopts a strict dual system,which holds that the compensation for mental damage is only applicable to the field of tort liability law.Before the promulgation of civil code,the compensation for mental damage brought in the action of breach of contract can obtain legal relief according to the tort liability when it constitutes the concurrence of liability according to Article 122 of contract law.With the development of economy,many new types of contracts emerge as the times require,and spiritual interests are placed in the contractual relationship.The lack of the system of compensation for mental damage caused by breach of contract in our country leads to the objection to the judgment result of compensation for mental damage in judicial practice.Some courts deny the legitimacy of compensation for mental damage due to breach of contract on the ground of no legal basis,and some precedents claim for mental damage due to breach of contract from the perspective of balancing case justice or expanding the interpretation of the existing laws in our country It can be seen that the lack of the system of compensation for mental damage caused by breach of contract has greatly affected the unity of our judicial judgment.The purpose of this paper is to focus on the compensation for breach of contract in article 996 of the civil code.The article is mainly composed of syllogism.The introduction mainly describes the research background and significance of this paper,as well as the literature review and research methods and ideas.In the first chapter of the text,from the perspective of article 996 of the civil code,through the interpretation of the legislative background and the constituent elements,it analyzes the application value and obstacles of article 996;The second chapter focuses on the analysis of the claim basis of the system of compensation for mental damage caused by breach of contract.Through the comparative study of the two claim bases of liability aggregation and liability concurrence,and with empirical cases,it analyzes the advantages and disadvantages of the two applied to the system of compensation for mental damage caused by breach of contract;The third chapter mainly focuses on the constitutive requirements,scope of application,identification rules and calculation methods that article 996 of the civil code may face in the process of law application.