Spiritual Damage Compensation In Liability For Breach Of Contract

There is never dwell of spiritual damage compensation controversy both theory and judicial practice.It focuses on the theme that applying spiritual damage compensation in liability for breach of contract.There are three parts as following,the first part based on the theory controversy of positive opinion and opposite opinion,according to current research materials,foreign judicial practice and specific regulation,it mainly analyzes some difficulties and reasons that applying spiritual damage compensation in liability for breach of contract.The writer supports positive opinion.More and more contract suits claim spiritual damage compensation in judicial practice and some of them are supported gradually.At present,the support rate is not optimism,but it rises inch by inch as a whole.The empirical method is adopted,the second part introduces typical cases in China and foreign cases,discussing supported reasons,damage compensation and performance interest.On the basis of first two parts analysis,the finally part puts forward specific scheme that spiritual damage compensation in liability for breach of contract.It attempts to give some ways to overcome difficulties,related suggestions and so on.At present,only in the tort suits can the Chinese legal system support plaintiff claim of the spiritual damage compensation.However,there is no any epitome of it on the liability for breach of contract.As far as citizen concern,liberty is in the absence of law.Writer believes that citizen could freely and voluntarily make agreement in advance.If breaking contract and resulting in spiritual severity heavily,party in breach should compensate for spiritual damage.Otherwise,it doesn’t develop real value of spiritual damage compensation.If it is only applied to tort suits,it cannot meet the demands between the development of law and better life,besides,it cannot bring real value into full play.It tries to explore some related questions of mental damages in contract law,meanwhile,there are typical examples that give a hand for readers to understand.It will protect plaintiff s legal interests and rights better.So,it is feasible to apply spiritual damage compensation in liability for breach of contract.