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Breach of moral damage compensation system

Author: ZhangYing
Tutor: GaoChongHui
School: Yunnan University of Finance
Course: Civil and Commercial Law
Keywords: Liability for breach of contract Mental damage Compensation system
CLC: D923
Type: Master's thesis
Year: 2011
Downloads: 63
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Abstract

Breach of the spirit of damages caused other serious mental damage due to breach of contract , the aggrieved party may file an complaint for breach of contract , request compensation for moral damage a breach of contract remedies . The traditional civil law theory that mental damages to obtain relief only in the infringement action , liability for breach of a property liability should not include compensation for moral damage . In this paper, this view negative attitude . This article using comparative analysis method , effects of the legislation , doctrine and jurisprudence of the civil law and common law countries , found that countries legislation , doctrine and jurisprudence on the different characteristics , but the overall trends in breach moral damage compensation system is by the absolute prohibition to allow an exception . Comment in our country , by the doctrine of breach of moral damage compensation , but not limited to a simple rebuttal deny said , but through the in-depth analysis of the substance of the negative reasons , derive inspiration . In addition to the specific practices in our judicial practice assessment, overview of our judicial practice moral damage caused by the breach of contract remedies , then clear breach of the spirit of the practical needs of the damages established in our country . In the design of the system , the paper argues that to learn from the successful experience of foreign , it is recommended that the general prohibition on mining in the legislative mode exceptions allow type , at the same time in order to prevent the the victim spirit of protecting the interests of the scope is too broad , resulting in breach of the spirit of damages being abused proposed applicable to breach of the spirit of the type of contract damages . The type of contract , breach of the spirit of the damages due to the diversity and complexity of social life , we Would not be exhaustive applies new cases of trial practice , the judge from the purpose of the contract , the consequences of the breach and the extent of damage , and many other comprehensive analysis of the experience accumulated in the judicial practice constantly , perfect for damages for breach of the spirit of the type of contract . In addition to the type of contract breach moral damage compensation analysis , but also to other means of analysis and discussion , including : the Negligence Counterbalance rules , predictability of rules , purely commercial sexual contract is not compensation rules and restrictions of the contract . In summary, the solution is liquidated moral damage it is necessary to provide relief , but also to be a reasonable limit .

Breach of moral damage compensation system

Abstract

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