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On the feasibility of breach of contract damages for Mental

Author: LeiJiang
Tutor: XuHaiYan
School: University of Foreign Trade and Economic
Course: Legal
Keywords: Breach of contract Infringement Mental damage Compensate
CLC: D923
Type: Master's thesis
Year: 2006
Downloads: 147
Quote: 1
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Abstract


Moral damage compensation system from scratch , and has developed nearly two decades ago . According to the traditional theory of civil law and the current legal system , mental damages exists only in the infringement in the field , especially in the case of personal rights have been infringed . Field of contract is the responsibility of property , NA mental damages in breach of contract and tort competing , usually only held the responsibility of the parties to infringement . However , if the parties enter into a contract to spiritual interest , breach of contract when the contract is clearly foresaw its breach of the other party will cause mental damage . According to the principle of predictability , the breach of contract damages should be included in the scope of compensation for moral damage compensation . In some cases , like the breach will cause mental damage at a time does not exist infringement liability competing system will also be of no avail . The first breach of the spirit of the legitimacy of the damages theoretical discussion , and at the same time a certain point of view against the default for Mental damages analysis ; Secondly, the author compares the countries in breach of the spirit of damages jurisprudence and legislative provisions , confirmed Whether it is the common law, civil law or international harmonization of legislation , to a certain extent and conditions under admitted breach of the spirit of damages ; Shortly thereafter, they discussed domestic cases give moral damages of breach , the moral damage compensation system in our judicial practice are constantly breakthrough , breach of contract for the spirit of damages is the development trend of the future ; Finally, the author of the legal basis for the breach of moral damage compensation restrictions , applicable to investigate the situation and how to improve our breach applicable moral damage compensation related legislative proposals . Research methods focus on linking theory with practice , through the analysis of actual cases to prove their point of view ; while taking a comparative approach , domestic and foreign representative doctrine summarized , which provide their own conclusions theoretical support .

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