Research On Legal Issues Of Compensation For Mental Damages For Breach Of Contract

Mental damage for breach of contract refers to the damage caused by the breach of contract by one party to the mental rights and interests of the other party,mainly referring to the loss or derogation of mental pain and mental benefits.There is a dispute in China’s theoretical circles over whether compensation for mental damages for breach of contract can be applied to liability for breach of contract,and there are a large number of inconsistent judgments in judicial practice circles on claims for compensation for mental damages for breach of contract.The study of compensation for mental damages for breach of contract can distinguish between compensation for mental damages for breach of contract and compensation for mental damages for infringement,so as to clarify the specific applicable conditions and scope of compensation for mental damages for breach of contract,provide adjudication rules for judicial practice,and then unify judicial adjudication and promote the orderly implementation of the Civil Code.An analysis of judicial cases of compensation for mental damages for breach of contract can be found that at this stage,there are mainly problems in judicial practice such as inconsistent application of laws and relevant judicial interpretations,different bases for adjudication in similar cases,and a large number of different judgments in similar cases,and in order to effectively protect the legitimate rights and interests of the parties and maintain judicial credibility and judicial authority,it is necessary to unify the rules for compensation for mental damages for breach of contract.China’s rules for compensation for mental damages for breach of contract have undergone a process of change from complete denial to gradual recognition,and the focus of theoretical research has shifted from whether to recognize the compensation for mental damages for breach of contract to the scope and conditions of application of compensation for mental damages for breach of contract.The promulgation of article 996 of the Civil Code means that China’s legislation has recognized that the mental damage of breach of contract exists objectively,and the rules for compensation for mental damage for breach of contract have their unique institutional value and institutional composition.However,the formulation of article 996 of the Civil Code is ambiguous,and the institutional composition of the rules for compensation for mental damages for breach of contract needs to be further clarified to guide judicial practice.After interpreting and analyzing the current legal provisions and judicial practice,it is summarized that the constituent elements of compensation for mental damages for breach of contract include the premise of competing with liability for breach of contract and tort liability,infringement of personality rights,subjective adoption of the principle of strict liability,causation with the principle of predictability as the criterion for judgment,and the consequences of causing serious mental damage,and a detailed analysis of the specific content of each constituent element to clarify the specific standards of the rules for compensation for mental damage for breach of contract in judicial application.In order to further improve the rules for compensation for mental damages for breach of contract,the above constituent elements may be clarified and refined through methods such as the issuance of relevant judicial interpretations,guiding documents,and the issuance of guiding cases,clarifying specific adjudication rules,and unifying the application of law.