Dissertation
Dissertation > Political, legal > Legal > UNIVERSITY > China and France

Damages for breach of the spirit

Author DengZuo
Tutor LiuJingYi
School Central University for Nationalities
Course Economic Law
Keywords compensation for mental distress liability for breach of contract concurrent responsibilities foreseeable rule
CLC D913
Type Master's thesis
Year 2007
Downloads 149
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Compensation for mental distress keeps developing in dispute. It indicates that legal system is progressing rapidly in protecting the victim’s spiritual interest. Although many countries have admitted the necessity and important value of compensation for mental distress in the legal system and involved it into the range of civil responsibilities, compensation for mental distress also faces great resistances in legal practice. At present, it’s well-established that tort law protects mental damage while it’s still controversial whether or not it should be admitted in cases of breach of contract. Most of specialists and scholars consider that the compensation for mental distress is not available in case of breaching contract. Compensation for mental distress in breach of contract is a remedy for breach of contract that the aggrieved party who has suffered severe mental distress caused by the breach of contract has the right to bring an action, applying for compensation for mental distress. Despite the denial of compensation for mental distress by traditional theories, it has been creatively applied in contract disputes in legal practices. The creative development in legal practices provides a great opportunity to improve the legislation of compensation for mental distress. This dissertation introduces legislation and modes of protectionin other countries as well as international uniform legislation about compensation for mental distress, and examines the puzzlements brought by the creative application of law in legal practices and the lagging behind of legislation through the analysis of cases involving mental damage caused by contract breach in china. This dissertation discusses the defects of compensation for mental distress, and puts forward the suggestions for perfection of the legislation in china.The dissertation is divided into four parts. In the first part, the author analyzes the compensation for damage in breach of contract through its characters、 conditions and realm and process of development and actuality of legislation in compensation system for mental distress. Then the author contrasts the different verdicts by the similarity cases and makes the following conclusion: It is very possible for mental damage in breach of contract and the mental damage in breach of contract is compensatory. In the second chapter, the author compares the relating theory and prejudication in Germany law, French law, English law, and American law and also incidentally touches on the correlative system in international treaties and rules. Whether the states of statute law or the states of case law, they all admit the compensation of mental distress in breach of contract more or less. The purpose is to make sure the practical feasibility to compensate for mental distress in breach of contract and provides references for constructing similar system in our country. In thethird part, the author talks about actuality of legislation、legal practice and the attitude of theorists. The antinomy between deficiency of legislation and necessity of protection for sufferer’s spiritual interest leads diversified legal practices. The author rebuts the negative opinions by the scholars. In the fourth part, the author discusses the applicable range of compensation system of mental distress in breach of contract and its confining factors that confine the practice of this system. The writer’s main view is that the damages for mental distress caused by the breach of contract should be compensated, but it should be confined by some confining factors.

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