Case Study On Spiritual Damges For Breach Of Contract

The academic circles generally think that mental damage compensation is the special system of tort lawsuit,but deny the application of mental damage compensation in the lawsuit of breach of contract;However,some scholars believe that only by keeping the contract can we obtain spiritual damages through the lawsuit of breach of contract.In the judicial practice before and after the promulgation of the Civil Code,there are many cases supporting and not supporting the spiritual damage compensation for breach of contract,and at the same time,the phenomenon of different judgments in the same cases also appears.After the promulgation of the Civil Code,the provisions of Article 186 of the General Provisions,Article 584 of the Contract Part and Article 1183 of the Tort Liability Part inherit the provisions of Article 186 of the General Provisions of the Civil Law,Article 113 of the Contract Law and Article 22 of the Tort Liability Law respectively.These three laws and regulations and innovation of the civil code of the personality right as prescribed in article996 of the article preliminary build the default spiritual damage compensation system of our country,not only complement the legal vacancy of the compensation for mental damage of default,but also in line with the world trend of civil law legislation on compensation for mental damage of default,and simplify the procedure,More comprehensive protection of the civil rights and interests of natural persons.But in combination with the existing legal provisions and judicial case,relevant laws and regulations in the civil code does not cover all the protection object of compensation for mental damage of default,and the applicable law must be the premise of personality right and personality are violated,if outside the personality right and personality interests is damaged,otherwise the other party will not get relief.Therefore,this paper takes the implementation of the Civil Code as an opportunity to expand the object of protection for breach of contract mental damage,so as to realize the purpose of compensation construction for breach of contract mental damage,and strive to achieve the balance of interests between the observant party and the breaching party.Based on the analysis of legal status of compensation for mental damage of default,typical cases,on the basis of the civil code,summed up there are rules of law applicable value as well as the problems and deficiency,from the theoretical basis and legal interpretation in compensation for mental damage of default to its positive proof and explanation,the last stop in after the enforcement of the civil code on the improvement of the system of compensation for mental damage of default.