A Study On Compensation For Spiritual Damage In Breach Of Contract

In the theory of Chinese Civil Law, there is a controversial matter whetherliabilities of breach contract is applicable to compensation for mental damage.Currently, there is an academic mainstream view that only the tort can be claimed tobe compensated but not the breach contract. Only in this case where there are both thebreach contract and the tort the party can get the compensation for mental damagebased on the tort. However, in my point of view, compensation for mental damageshouldn’t be strictly limited within the scope of the tort but be open to the breachcontract. And there should be some proper restrictions on compensation for mentaldamage based on the breach contract in order to avoid the abuse of this right. In thispaper, I discuss the necessity and feasibility of establishing compensation for mentaldamages based on the breach contract and on this basis put forward some proposals tobuild the system for it.In addition to the introduction and conclusion, this article consists of four parts.The first part which are about the definitions of mental damage, compensation formental damage and compensation for mental damage base on the breach contract is anoverview of compensation for mental damage. What’s more, it establishes the basis ofthis study. The second part is about the necessity of establishing compensation formental damage based on the breach contract, discussing from both theoretical andpractical aspects. In practical terms, there are many this kind of cases in daily lifewhich can’t get effective remedies. In theory, there is the need for a unified system ofcivil liability to establish it. And it is also required by the principle of fairness, theprinciple of full compensation. Besides, it is accelerated by the development of thesystem of compensation for mental damage. The third part is about the feasibility ofestablishing compensation for mental damage based on the breach contract which isextended from three angles. Firstly, it analyzes the attitude held in foreign countriesand Taiwan towards compensation for mental damage based on the breach contract.Secondly, it is about the reason why our country is against this kind of compensation. Finally, it does an empirical analysis from the perspective of our judicial practice. Inthis part, it can be concluded that it is feasible to establish the system of compensationfor mental damage based on the breach contract. The fourth part is about theconstruction of the system of compensation for mental damage based on the breachcontract. In this section, there are the building models, building elements andregulations of this kind compensation discussed and proposed by the author.