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The Thinking That Break Contract the Udgment Actual Situation of Spirit Indemnity and Cause

Author: DongLing
Tutor: MaMingXian
School: Lanzhou University
Course: Legal
Keywords: Breach of contract Compensation for moral damage Expansion explained Typed Responsibility for Restriction rules
CLC: D923
Type: Master's thesis
Year: 2009
Downloads: 109
Quote: 0
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Abstract


Tong said that: \Presence or absence of moral damage compensation liability is liability for breach of tort liability with respect to one of the differences . At present, the legislation does not explicitly claim damages for breach of the spirit , but in judicial practice but there is a lot of support for mental damages for breach of contract case , and whether the compensation for moral damages for breach of the problem , also formed in the academic Positives and Negatives two diametrically opposite doctrine. In order to strengthen the legal protection of moral interests , our response observant spirit right to damages to be sure. In this paper, trial practice introduces several typical cases , causing moral damage compensation for breach of awareness of the need to establish the system . The author in damages from the spiritual concepts, functions , scope , mental damages and liability for breach of the link between the breach of contract damages constituent elements such as the nature and legal analysis point of view , as well as through national affirmation and negation contrast two theories analysis, which summed up the spirit in our country to establish damages for breach of the necessity of the system , and from the expansion of the existing law interpretation , determining the type of contract and breach of moral damages and limitation of liability rules constitute Ogata face establishing and perfecting our default mental damage compensation system put forward their own proposals. Moral damage compensation for breach of contract establishment and improvement of the system embodies the modern spirit of the law , reflecting the trend of development of modern law , which is today the international community will also be a new direction for the development of jurisprudence .

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CLC: > Political, legal > Legal > Chinese law > China and France
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