Research On The Legal Application Of Moral Damages For Breach Of Contract

Before the promulgation of the Civil Code,the mental damage caused by breach of contract followed the rules of conjoint liability,and could only be remedied by tort litigation.However,with the increasing number of contracts for spiritual interests,the cases involving compensation for breach of contract for mental damage in judicial practice are on the rise.Simply relying on the theory of joint liability and limiting the compensation for mental damage to the tort liability can not achieve a comprehensive relief for the injured party’s property damage and spiritual damage.Therefore,it is necessary to adjust the traditional relief mode of mental injury and provide more comprehensive legal protection for the mental injury of breach of contract.In response,Article 996 of the Civil Code stipulates the provision of compensation for mental damage for breach of contract,which provides a legitimate basis for claiming compensation for mental damage for breach of contract.Since previous studies on compensation for breach of contract mental damage mainly focus on the theoretical level,and compensation for mental damage often occurs in tort litigation in judicial practice,this paper researches on the legal application of compensation clauses for breach of contract mental damage mainly through case empirical analysis and introduction of typical cases.This paper summarizes the problems in the legal application of compensation for breach of contract mental damage.First of all,this paper takes Article 996 of the Civil Code as the entry point to analyze the disputes existing on the basis of the right to claim for mental damage for breach of contract.By summarizing the understanding of different scholars on Article 996 of the Civil Code,this paper believes that it is more appropriate to understand this article as the liability concurrence clause,and further puts forward the exercise path of the right to claim for mental damage for breach of contract under the liability concurrence rule.Secondly,this article takes "loss of personality right" as the premise of application,excludes the relief of mental damage in the absence of loss of personality right,excludes the application of contracts with specific objects of personal significance as the object,which is not in line with the principle of complete compensation.Therefore,this paper proposes to adjust the applicable conditions of compensation for breach of contract for mental damage,removing the premise of "loss of personality right".Thirdly,by analyzing the limitations of the scope of application of compensation for breach of contract mental damage,the types of cases of the scope of application of compensation for breach of contract mental damage are summarized,and a type system of compensation for breach of contract mental damage is established to determine the scope of application of compensation for breach of contract mental damage scientifically and reasonably.Finally,the calculation method,calculation principle and consideration factors of the amount of compensation for mental damage in breach of contract of international law are analyzed.By referring to the relevant provisions of the amount of compensation for mental damage in tort liability of our country,the compound compensation standard is put forward,so as to make the determination of the amount of compensation for mental damage in breach of contract reflect the concept of fair and justice.