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On the Tourism Breach of Contract Damages for Mental Problems

Author: CuiJing
Tutor: PengChengXin
School: Jilin University
Course: Civil and Commercial Law
Keywords: Travel Contract Breach of contract Mental damage Compensation for moral damage
CLC: D923
Type: Master's thesis
Year: 2008
Downloads: 274
Quote: 1
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Abstract


With the growing affluence of the material life of our residents , it has no longer meet the living requirements of the \Coupled with the Chinese government in order to stimulate domestic demand , national holiday were adjusted accordingly , then , tourism has become the contemporary urban consumer hot . However , due to legislation and management have not kept pace with , good and bad management level and overall quality of tour operators , tourism and related industries dispute after another. Which demand the return of the travel expenses , the payment of liquidated damages , as well as requirements to pay compensation to property or personal injury . But invariably the plaintiffs a travel agency to pay moral damages to an increase in its claim , but their request often not the support , travel agents breach did not realize the spiritual interests of tourists expected , why tourists can not get the spirit on compensation , with the problem in the field of tourism is becoming increasingly popular and sharp , the theoretical and the judiciary, have started to pay attention . The essence of this problem revealed mental damages as a liability for breach of relief measures . Connotations of compensation for moral damage from tourism breach of contract , the necessity , the theoretical basis and the travel contract breach moral damage system build several ways to analyze damages for breach of the spirit of the conclusion that the moral damage is an invisible injury , essentially not measurement , but this does not mean that the moral damage suffered by the victim due to breach of others and not a means to compensate for the money . Our legislative and judicial necessary to damages for breach of the spirit of this problem to be clear , it will not only be an important impact on China 's civil credit system in the field , but also of great practical significance to the development of China's tourism industry .

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