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Research On Compensation For Mental Damage In Breach Of Contract

Posted on:2023-10-04Degree:MasterType:Thesis
Country:ChinaCandidate:L YeFull Text:PDF
GTID:2556307037458884Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
On New Year’s Day in 2021,China’s civil law integration standard "Civil Code" officially came into force.It also means that we have entered a new era in the history of civil law.Compensation for psychological harm in breach of contract is a new concept.The content of Article 996 of the Chinese Civil Code has always been a hot topic in the legal community.The fact that a party can seek damages for intellectual injury means it has crossed the line between tort and breach of contract.Before the introduction of this provision,compensation for mental damage can only be proposed in tortious litigation,but various violations also cause mental damage to the contracting parties,and its degree is sometimes not less than personal injury.The resulting psychological damage needs more attention.The Chinese Civil Code is a little too general on this issue and needs to explain this provision in detail through interpretation in order for it to be properly applied in the judiciary.Therefore,starting from the content of Article 996 of the Civil Code,this work defines the concept of mental harm on the basis of explaining the relevant concepts such as mental harm and comparing and absorbing the effective methods to deal with this problem in the world.How to create a solution in accordance with the actual situation of our country and a specific analysis on improving the compensation system for psychological damage caused by breach of contract in our country.This paper consists of the following three parts.The first part is the introduction and overview of the compensation system for contractual mental injury.First,based on the research background and the importance of intellectual damages for breach of contract,the introduction summarizes the essay’s writing methods and ideas,pointing out the benefits of legal compliance and the shortcomings of theoretical emphasis and practical neglect.Second,the first chapter analyzes the concept of intellectual damages for breach of contract.This paper briefly explains the concepts of spiritual damages and spiritual damages for breach of contract from a literary and scholarly point of view,focuses on the attention that the current legal community pays to spiritual damages for breach of contract,and presents theoretical opinions of its own.According to Article 996 of the Code of Human Rights,this page reflects the value and priority of the 996 code of human code by changing the subject of the law and the status of the law.Finally,the feasibility of a compensation in practice is analyzed,which lays the foundation for the establishment of the system.:The first part mainly includes the introduction and overview of the mental damage compensation system for breach of contract.Firstly,from the research background and the importance of mental damage to breach of contract,the preface generally ignores the writing methods and ideas of the paper,Highlight and paper titles.The document strictly complies with the law.Secondly,the first chapter of the text analyzes the concept of compensation for spiritual damages for breach of contract.Firstly,it defines the concept of mental damage and the concept of breach of contract mental damage compensation,introduces the theoretical dispute on breach of contract mental damage compensation in my country’s academic circles,and gives the author’s claim on the theoretical dispute.Then from the perspective of Article996 of the Civil Code,by interpreting the legislative background and the nature of the law,it analyzes the applicable value and main problems of Article 996 of the Civil Code.Finally,the question of the speed progress was analyzed.Finally,the need for non-minority zeroes in the incident was analyzed and a basic study was investigated.As the center of the second party,the investigation of foreign law is generally extended before the beginning of the term of office.current affairs.using the method of comparative analysis,the relevant systems of the United Kingdom,the United States,Germany,France and other countries are selected for comparison,The Kurdish and bokabulary have been placed in the balance sheet on the exercise of social rights and the right to freedom of expression,which violates the worldwide origin of the curriculum as a result of the curriculum’s start.and study the stability of the two judicial systems,at the full scale that happens at the beginning of the term.Sizes by limiting to the height of the outer height.Establishing foreign laws contributes to the establishment of a fast global money system in our country.Part III,in particular,outlines the concept of establishing our system of compensation for non-pecuniary damage caused by breach of obligation.Basically,we are talking about the composition,scope,definition of norms and methods for calculating compensation for moral damage in judicial practice.
Keywords/Search Tags:Civil Code, Mental damage compensation, liability for breach of contract, constitutional elements
PDF Full Text Request
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