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Mental Damage Compensation in the Contract Breach

Author: ZhangXiaoDong
Tutor: SunXinQiang
School: Shandong University
Course: Legal
Keywords: Contract breach mental damage principle of predictability
CLC: D923
Type: Master's thesis
Year: 2008
Downloads: 221
Quote: 1
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Abstract

In recent years, China’s legal profession for the establishment of mental damage compensation system has been basically reached a consensus, the system has also been tentatively established in the legislative and judicial areas. However, various factors are the impact of this system in the late time, there are also many of the immature. In the whole system itself both in the legislative process or in the specific case in practice. In this paper, moral damage compensation system in the more controversial breach of the contract can require proof of damages start.The full text is divided into five chapters .The first chapter in this paper will give the concept of a clear, and raised the question that Whether the mental damage compensation can be cleared in the contract violation . There are three circumstances for the mental damage (1) The pure torts which cause non-pecuniary loss; (2) Actions that are not only breaches of contract, but also torts which infringe upon the legal person rights; (3) Actions that constitute breaches of contract, but are not serious enough to be torts that infringe upon the legal person rights.In the second chapter I will discuss this issue in Comparative Law. It is worldly applied that non-pecuniary loss be compensated in tort acts. In this paper, the relevant foreign legislation and judicial practice to study, in order to study the paper in the next draw.The third part will be taking a more general spirit of our country is in breach of contract damages of the relevant legislative and judicial practice. Another domestic concern in the field of domestic several of the main viewpoints of renowned scholars. The author will be the fourth part from the nature of contract law, contract violation of the spirit of the principle of predictability of damage, and to establish the spirit of damages would hinder transactions, and other areas focused on the case of default of the contract damages against the spirit of the theoretical basis and Necessity and Feasibility. Finally I will be in China’s legislative and judicial fields Construction default moral damage compensation system put forward its own proposal. First, we must be clear in the legislative spirit of damages will be limited to the specific types of contracts. With regard to the economic interests of the subject of the contract does not apply moral damage compensation system. As for the subject to the interests of the spirit of the contract, shall apply moral damage compensation system. Secondly for the moral damage caused to the strict provisions of Elements. Furthermore, in order to prevent the establishment of this system caused v. overcharging, as well as to avoid offending parties bear the responsibility of not fair, and strictly regulate the attention of the non-default obligations.Finally, on the amount of damages for breach of the spirit of the issues identified. Whether in tort, or caused by the breach of the spirit of damage, the amount of compensation is determined in a judicial practice problems. In this paper, the spirit of damages from the nature of the country’s economic development level, the degree of damage the spirit of the victim, the perpetrator, as well as factors such as degree of fault considering the amount of compensation for moral damage problems.

Mental Damage Compensation in the Contract Breach

Abstract

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