Research On The Legal Application Of Spiritual Damage Compensation For Breach Of Contract

The system of spiritual damage compensation for breach of contract aims at relieving the spiritual damage caused by breach of contract.Its real meaning is to bring the loss of spiritual interests into the scope of contract damages liability.Now domestic law is not clear whether the scope of contract damages liability includes spiritual damage or not.But the article 996 of civil code has established the connection between spiritual damage compensation and breach of contract.Article 996 stipulates that "when the breach of contract simultaneously infringes upon the right of personality,causing serious spiritual damage,if the sufferer demands to assume the liability for breach of contract,his claim for compensation for spiritual damage shall not be affected".In the implementation of article 996,there are some problems in the legal application of spiritual compensation for breach of contract,and it is necessary to solve these problems.First of all,the paper introduces the relevant concepts and theoretical basis.For spiritual damage,we should distinguish it from non-property damage,and make its meaning clear,which includes spiritual pain and loss of spiritual interests.The concept of spiritual damage compensation for breach of contract refers to that the injured party who suffers serious spiritual damage caused by breach of contract chooses to claim the spiritual damage compensation in liability for breach of contract.There are differences according to whether the breach of contract also constitutes infringement,and article 996 applies only where breach of contract also constitutes infringement.In addition,the comparison with tort compensation for spiritual damage could make differences clear.Both the theory of complete compensation and the theory of predictability provide theoretical basis.The former theory is embodied in that the spiritual damage caused by breach of contract belongs to the scope of contract loss.The latter theory is reflected in the predictability of spiritual damage caused by breach of contract when the purpose of contract contains spiritual benefits.Secondly,summarizing the status quo and existing problems of the legal application of spiritual compensation for breach of contract through summarizing and analyzing article 996 and relevant cases after the implementation of article 996.The judicial situation presents some characters,including a large number of different judgments in cases with highly similarity;the confusion of legal application;courts usually don’t support claims for spiritual damage for breach of contract because that "spiritual damage is not covered by contractual liability";the cases are mainly about personal injury caused by breach of contract;in cases regarding wedding service contract,claims of spiritual damage compensation for breach of contract tend to be supported in most time and the amounts of compensation supported by courts are quite different.Through the analysis of judicial cases and article 996,the following problems are found,the nature of the spiritual damage claim stipulated in article 996 is unclear;there are different understanding in the applicable scope;the standard of proof of serious spiritual injury is vague;the impact of the terms agreed by the parties in the contract.Thirdly,drawing lessons from the legal application of spiritual damage compensation for breach of contract in foreign countries.Although some countries,such as France,generally apply spiritual damage compensation for breach of contract,based on the strict distinction between liability for breach of contract and liability for tort,and in order to avoid abuse,it should adhere to the partial scope of application in our country.The experiences of the countries,like Germany,The United Kingdom and the United States,can help solve the problems in the legal application,which include the scope of application,the proof of severity of spiritual damage,the calculation of compensation.Finally,improving the legal application of spiritual damage compensation for breach of contract in our country.The claim for spiritual damage stipulated in article 996 should be regarded as a tort claim,and the limitation of liability for breach of contract should be applied.The scope of application includes the right of personality stipulated in article 996 and the spiritual benefits agreed in the contract.Besides,the paper sums up the main types of contract of application through judicial practice,including the object of contract is spiritual benefit;the object of contract has obvious emotional value;and the object of contract has personal attributes.Spiritual damage has the character of independence,which means the questions that the proof of serious spiritual damage and the calculation of compensation exist in determining the liability for breach of contract and tort.Therefore,when discussing the above two problems in breach of contract,on the one hand,the relevant provisions of tort liability can be applied,on the other hand,the contract situation should also be combined.For example,serious spiritual damage can be proved through the loss of spiritual benefits of the contract,and the amount of the contract can regarded as a consideration factor in determining the amount of compensation.Otherwise,in order to comply with the general framework of liability for breach of contract,the spiritual damage compensation for breach of contract need to be coordinated with relevant provisions in the contract.