Research On Compensation For Tort Mental Damages For Specific Objects With Personal Significance

Paragraph 2 of article 1183 of the Civil Code stipulates that when a specific object of personal significance is infringed,the infringed can claim compensation for spiritual damage,which is progressiveness,but there are also some problems.Firstly,the clause is vague about what is a thing with personal significance.We must explore the basic theory and judgment criteria of specific things with personal significance.The judgment criteria can be established as: the reasons for the formation of personal interests;It has irreplaceable attributes;The general rational subject can identify the personal interests on the object.Secondly,the legal basis behind paragraph 2 of article 1183 of the civil code remains to be clarified.From the perspective of jurisprudence,as an object,things only have property interests,and there is no "specific things with personal significance".However,when constructing the legal system with abstract personality as the main body,the traditional civil law ignores the rich emotions of specific people in real life,that is,people can establish emotional contact with things to make the things carry their own personal interests,and become "specific things with personal significance".At this time,there are property interests and personal interests on the things at the same time.Third,the expression of paragraph 2 of article 1183 of the civil code is relatively vague.When it is applied,we should start from the following angles: divide intentional or gross negligence into two dimensions;The judgment standard of serious mental damage should not be too strict,and the specific judgment should be based on objective standards and supplemented by subjective standards;The calculation of the amount of compensation for mental damage should be considered in combination with special factors such as the length of time,the degree of treasure and the emotional state carried by the infringed object.At the same time,the fixed compensation method should be applied to limit the discretion of the judge.