Research On Compensation System Of Breach Of Contract Spirit Damage

Before the promulgation of the Civil Code,the mental damage caused by breach of contract can be relieved according to the legal provisions of liability competition and cooperation rules.With the rapid development of economy,people pay more attention to spiritual interests,and the contracts that contain spiritual interests are increasing day by day.Related cases in judicial practice are also on the rise.In response,Article 996 of the Civil Code came into being,stipulating that if the breach of contract infringes upon the personality right of the other party and causes mental damage,the aggrieved party can claim for mental damage compensation in the breach of contract lawsuit,and grant the legality of mental damage compensation for breach of contract.However,confined to the previous academic discussion of this system only stays at the theoretical level,rarely involved in the practice level.This paper analyzes the challenges faced by the legal application of spiritual damage compensation for breach of contract through interpretation of laws and introduction of cases.First of all,from the perspective of Article 996,this paper analyzes the disputes existing in the basis of the right to claim compensation for breach of contract.Through the analysis of the academic understanding of Article 996 of the Civil Code,it is considered that article 996 is more appropriate to be understood as a liability contesting clause.Secondly,the mainstream view is that the application of Article 996 must be based on the concomitativeness of breach of contract and tort liability,which makes the establishment of the constitutive elements of the system "encounter" practical difficulties.Therefore,this paper suggests to improve the constitutive elements of breach of contract for mental damage compensation,so as to eliminate the dilemma of the application of Article 996.Thirdly,this paper analyzes the applicable scope of compensation for breach of contract,and concludes that it is difficult to obtain complete compensation for damage of material personality right and exclude the application of contract with personality object,which can be proved by judicial practice.Based on this,by clarifying the applicable scope of breach of contract spirit damage compensation,the contract that infringes on the right of material personality and the contract of subject matter personal property are included in the applicable scope of breach spirit damage compensation.Finally,the conflict between the predictable rules and the mental damage compensation for breach of contract is expounded,so as to realize the seamless connection between the mental damage compensation for breach of contract and the predictable rules and give full play to the function of the system.