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On the breach of the spirit of damages

Author: DuZuo
Tutor: DuanKuang
School: Fudan University
Course: Legal
Keywords: Legal responsibility in Breach of contract Compensation for moral damage liquidated damages
CLC: D923
Type: Master's thesis
Year: 2010
Downloads: 58
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Abstract


Along with the more and more lawsuit of compensation for moral damage in breach of contract in judicial practice,the issue that if compensation for moral damage can be established in breach of conteact,gradually cause the concern and the controversy.Traditional civil law theory consider that the compensation for moral damage only can be exist in tort liability.It also keep negative and suspection attitude to the compensation for moral damage in breach of contract.The author will thorugh the perspective with our country’s legislative and judicial status,by comparative analysising the relevant provisions of the compensation for moral damage in breach of contract in other countries in the world,and raise that the compensation for moral damage can exsit in breach of contract.Then,explore the basic of compensation for moral damage in breach of contract,analyse and refute the viewpoints those who hold to object the compensation for moral damage in breach of contract.Finally,the author will propose the system design of the compensation for moral damage in breach of contract in our country.This article includes four parts.The first part, summarize the compensation for moral damage in breach of contract.Then analysis the influence of Civil liability’s dualism to the compensation for moral damage in breach of contract and the value of the compensation for moral damage in breach of contract.The second part,make a introduction and analysis to the relevant provisions in Civil Law and Anglo-American Law and some international treaties.And then discuss the Chinese law and trial practice about the compensation for moral damage in breach of contract. The third part,try to elaborate and determine the foundation and theoretical basis of the compensation for moral damage in breach of contract.Including legal basis,historical necessity,the principle of full compensation,equity,justice and so on.And then refute the viewpoints those who hold to object the compensation for moral damage in breach of contract,and pointed out the viewpoints less than believed.Thus argues that our country to establish the system of the compensation for moral damage in breach of contract is feasible.The fourth part,prospose a series of rules and methods for the construction of Chinese system of compensation for moral damage in breach of contract.And then dissertate how to strucuture the law about the compensation for moral damage in breach of contract in China. Through the discuss above,this paper considers that China must establish and perfect the law about the compensation for moral damage in breach of contract.

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