A Study On Spiritual Damage Compensation Of Contract Default

Rapid development of the productive forces of innovation to promote the prosperity of China’s market economy, a series of economic phenomena have gradually brought the missing legal issues, in reality, no longer just a civil dispute property disputes, infringement disputes, times produced some to serve as the representative of contract damages for breach of the spirit of these contracts is relatively clear although there is no law, but more and more appear on the judicial referee in a warm dispute to be supported by a gradual trend of development. Damages for breach of the spirit of the contract took the stage jurisprudence.For breach of contract damages for mental problems, national legislation has been cautious beginning, based on adverse effects on personality and interests raised concerns about abuse complaints result, uncertainty and mental damage and the cause is uncertain, spiritual contract damages are not recognized by law. However, due to advances in the legal consciousness of people find their own values, there is an urgent need to protect the spirit of breach of contract damages, personal interests gradually more and more in people’s vision. Meanwhile, with the social development, people’s perception of things happened innovation, most people think that monetary compensation does not affect the loss of personal interests, on the contrary, would allow more people to respect personal interests, standards on the amount of compensation for moral damage problem, although the lack of standards, but rely on the discretion of judges can be effectively addressed.On this issue there is no lack of many scholars have been widely discussed, but it is still not clear, unified point of view. After years of academic research, domestic scholars for breach of contract for moral damage compensation, there are still many different opinions insights. Tong said the point is:on liability resulting from breach of contract is generally limited to property damage only and should not protect other losses. With the development of in-depth studies and law, many scholars gradually support the non-pecuniary damage caused by the breach of contract, which some scholars have proposed:"For so-called non-specific type is apt to cause property damage in accordance with generally expected to contract concept, can be attributed to the development and typed "by the case law and doctrine. This view gives a resolution of contractual damages for breach of the spirit of an important reference model. Meanwhile, in practice, the jurisprudence of the trial judge also gave some practical support and guidance.Specifically, the first of the need to support the legal interest, whether the significance of this issue, although there is no law on this issue to make a clear and specific legal provisions, as described above, in the specific case of the courts has been a breakthrough, and North Korea the default orientation of breach of contract damages for mental development portion of the contract, so by analyzing a classic case of the courts to the case in question as a starting point, which analyze the value and practice of law needs to tap Justice case law in the judgment and thinking legal interest guidance, which found that the main research question of breach of contract need to be addressed, the problem mainly in the nature of a contract breach moral damage, protected mode should be taken, the type of contract and breach of contract damages for mental problems in the implementation. Focus on understanding the spirit of breach of contract damages for moral damage payments from its own particularity and contract value of compensation connotation legal interest in nature, on the basis of the experience of learning a foreign protection mode and the related practice of our existing explore suitable for China’s protected mode, to determine the specific type of contract and the protection of specific protection principles and limitations, and other issues based on the amount of protection mode.