Study On The System Of Compensation For Mental Damage In Breach Of Contract

Spiritual damage compensation and property damage compensation jointly build the damage compensation system.In China,the compensation for mental damage has always been limited to the field of tort liability.The damaged party can only file the compensation for the tort suit,but can not file the compensation for the breach of contract,which makes the legal rights of the parties can not be adequately remedied.The enactment of Article 996 of the Civil Code of China establishes the legal status of compensation for mental damage for breach of contract,and breaks the situation that can not be followed all the time.Before this,Chinese scholars’ research on compensation for mental damage for breach of contract has been confined to the principle level,and its definition,constituent elements and application scope are rarely involved.However,the author thinks that the system of compensation for mental damage for breach of contract should be understood in a broad sense,including the situation of competition and cooperation of liability and the situation of only breach of contract liability.Firstly,this paper takes Article 996 of the Civil Code as the entry point to explore the legal nature of "compensation for mental damage" of this article.After sorting out and analyzing relevant scholars’ and judicial opinions,it is clear that the legal nature of this article is the compensation for mental damage for breach of contract under the condition of liability competition and cooperation.Secondly,it is found that the applicable scope of compensation for mental damage for breach of contract is limited in two aspects in the Civil Code of China: one is limited in the scope of personality right,the other is limited in the situation of liability competition and cooperation.To limit the scope of personality right,the author thinks that on this basis to increase the right of identity,personality property,other legal provisions or protection of interests;As for the situation limited to the competition and cooperation of liability,the author believes that this limitation makes the provision unable to cover all the circumstances of the compensation for mental damage for breach of contract,which is not the scope of the broad concept of understanding.However,there are already many cases in judicial adjudication where the parties claim for relief and get support for the compensation for mental damage caused by the independent breach of contract.This article through to the judicial referee in a contract dispute claim compensation for mental damage in the main contract type analysis,found on the contract type representation of it,can be divided into pure spiritual interests of the contract and involve the personal rights of pay(harm),and each contract type is essentially mix liability concurrence of the situations and only by default,Therefore,the author advocates that the occurrence of specific cases should be permeated from the representation of contract type.If it involves the competition of liability and causes serious mental damage only because of the breach of contract,compensation for mental damage can be claimed on the occasion of breach of contract.At last,the author makes clear the definition,constituent elements and restrictive conditions of the compensation for mental damage for breach of contract,so as to provide perfect suggestions for the compensation for mental damage for breach of contract,and make it more systematic and legitimate,so as to guide the judicial judgment and make the system of compensation for mental damage for breach of contract be reasonably used.