Research On The Rules Of Liability Determination For Breach Of Contract Mental Damage Compensation

The system of compensation for mental damage caused by breach of contract aims to remedy the mental damage caused by breach of contract,and its essence is to include the loss of mental interests in the scope of contract liability for damages.In the past,the legal system did not clarify whether the scope of compensation for breach of contract includes mental damage,while Article 996 of the ’ Civil Code ’ combines breach of contract with mental damage compensation,and pioneered the introduction of breach of contract mental damage compensation clauses in the personality rights section.However,while it is progressive,there are still some problems in the application of specific laws,which need to be further improved.The author hopes that through the clarity and improvement of the rules for determining the liability for compensation for mental damage caused by breach of contract,it can make it more normative and systematic in application,and then achieve satisfactory relief for mental damage in the contract.This paper is divided into the following three parts :The first part mainly studies the judicial application of compensation liability for breach of contract.In judicial practice,there are great differences in the judgment of cases of compensation for mental damage caused by breach of contract,and there is a problem that the mental damage caused by breach of contract cannot be completely relieved.Through the study and analysis of typical cases before and after the implementation of Article 996 of the Civil Code,the author clarifies that the controversial focus of compensation for mental damage caused by breach of contract mainly focuses on the criteria for liability determination,the choice of liability concurrence,the limitation of scope of application and the calculation of compensation amount.The second part mainly discusses the legal basis of the liability for mental damage compensation.First of all,based on the in-depth analysis of the legal nature of Article996 of the Civil Code,it is concluded that there are disputes among tort liability,liability for breach of contract and liability for breach of contract under the condition of liability concurrence in the current academic circles.Secondly,the applicable conditions of Article996 of the Civil Code are summarized so that it can be better applied.Finally,the author re-sorts the types of liability for mental damage compensation in the Civil Code,in order to find a relief path for mental damage compensation liability in the current legislation.The third part mainly clarifies the applicable rules of liability for mental damage compensation in breach of contract.From the judicial practice,the applicable types of contracts include contracts with the realization of spiritual interests as the content,contracts with specific personal meanings,contracts with significant events as the content,and contracts that infringe personality rights in performance.At the same time,it strictly limits the contract subject,breach of contract,mental damage,causality and imputation principle applicable to the liability for damages for breach of contract.Finally,in order to better apply in judicial practice,the author also studies and clarifies the influencing factors and calculation methods of the amount of compensation for mental damage in breach of contract.