Research On Compensation System For Breach Of Contract Mental Damage

Before the introduction of the Civil Code,the academic community usually considered that moral damages were only applicable to tort suits,but there were cases in which the plaintiff’s claim for moral damages in a breach of contract suit was supported based on the consideration of justice.After the introduction of the Civil Code,the new Article 996 establishes the link between breach of contract and moral damages,but there are still ambiguities,resulting in judicial practice,different judges have different understandings when applying the provisions,often appearing in the same case of different judgments.For this reason,it is necessary to further study the system of moral damages for breach of contract and interpret it scientifically and reasonably,so as to provide strong support for judicial practice.In addition to the introduction and concluding remarks,the paper is divided into four parts to elaborate the above contents.In the first part,through the analysis of typical cases in which the provisions of Article 996 were applied after the promulgation and implementation of the Civil Code,three problems are found:first,the nature of the right to claim moral damages for breach of contract is unclear;second,is the scope of application strictly necessary to damage personality rights?Third,how to determine the standard of the amount of compensation for moral damage for breach of contract?The next part of this article will respond to these three questions.In the second part,the nature of moral damages for breach of contract is addressed.Firstly,the concept of moral damages is explained,and moral damages are in principle applicable to the field of tort,but cases in China’s judicial practice have made a breakthrough in this regard.Secondly,it is analyzed that the competing liability for breach of contract and tort is still the general principle applied by Article 996 of the Civil Code.Finally,through the system explanation,it is shown that the provisions of Article 186 and Article 996 of the Civil Code are the relationship between the general provisions and the special provisions,and the compensation for moral damages for breach of contract is the provision under which the liability for breach of contract and the liability for moral damages converge under the general premise of competing liability for breach of contract and tort.Therefore,the basis of the claim for moral damages in Article 996 of the Civil Code is breach of contract,and the nature of liability for moral damages for breach of contract should be breach of contract.In the third part,in response to the question of whether the moral damages for breach of contract are strictly necessary for the right of personality,it is firstly clarified that the actual scope of application of moral damages for breach of contract is limited to the damage to the right of personality.Secondly,the scope of application of moral damages for breach of contract is not comprehensive and cannot meet the needs of practice.Therefore,the scope of moral damages for breach of contract should be appropriately expanded to include contracts with personal property as the subject matter and contracts with moral interests as the purpose.In the fourth part,the paper proposes three suggestions on how to determine the amount of compensation for moral damages for breach of contract.The second is to refer to the provisions or practices of tort moral damages in the determination of specific amounts,because the determination of tort moral damages has been relatively mature,and the uniformity of the determination of the amount of moral damages for breach of contract and tort moral damages is conducive to the coordination of the civil law system;the third is to refer to the U.S."maximum limit law The third is to determine the maximum amount of moral damage compensation for breach of contract with reference to the U.S."maximum law" and the relevant regulations in the field of tort in China.