Research On The Application Of Law Of Compensation For Breach Of Contract In Civil Code

Before the establishment of compensation for breach of contract mental damages in the Civil Code,both theoretical and practical circles had their own opinions on compensation for breach of contract mental damages,mainly divided into "negative theory" and "affirmative theory".The Civil Code adopts the "affirmative theory" and stipulates the constituent elements and applicable conditions of compensation for breach of contract mental damage,but there are still many controversies in its specific application.The main reason for this is that the constituent elements are not clear,leading to different judgment results in the application of law.Therefore,it is necessary to standardize the constituent elements of compensation for mental damage caused by breach of contract,fully protect the category of personality rights through summary and enumeration methods,exclude force majeure and legal defense rights from the determination of liability for breach of contract,and comprehensively consider various factors in determining the amount of compensation to ensure fairness between both parties.At the same time,the principles of predictability,fault,and force majeure should be used to limit it,so that its application is more in line with the purpose of legislation.The content framework of this article is divided into four parts,with the focus on the second,third,and fourth parts.The first part provides an overview of compensation for mental damages caused by breach of contract,demonstrates its necessity and legitimacy,and explains Article 996 of the Civil Code.It analyzes the background and significance of the establishment,as well as the constituent elements and system positioning of this provision;The second part mainly analyzes the legal provisions,contract types,and case studies of foreign countries such as the United Kingdom,the United States,Germany,and France regarding compensation for breach of contract mental damages;The third part mainly analyzes the pain points and difficulties in the judicial application of compensation for mental damages caused by breach of contract in China,mainly reflected in the scope of application,nature disputes,definition of personality rights,establishment of compensation amount,and party autonomy;The fourth part mainly focuses on the actual situation in China,drawing on relevant excellent achievements from abroad,and improving the compensation path for breach of contract spiritual damage in China from different aspects.