On The Compensation For Mental Damage In The Case Of Breach Of Contract

With the promulgation of Article 996 of the Civil Code,the claim for compensation for mental damage in the action for breach of contract has a legal basis,which makes up for the defect that the claim for compensation for mental damage can only be claimed in the action for infringement in the past.However,there are still disputes about the legal nature of the compensation for mental damage in Article 996,and there is no final conclusion on whether it belongs to the liability for breach of contract or the liability for infringement.In the judicial application,there are still problems such as too narrow scope of application,and the path of breach of contract and the path of infringement are parallel when reasoning.In order to build a sound system of compensation for mental damage and make Article 996 more effective in the protection of personal rights and interests,it is necessary to conduct a deep analysis of the article in theoretical research and judicial application,hoping that the research results will be beneficial to the development of the system and promote the reasonable application of compensation for mental damage in practice in the case of breach of contract.The introduction part of this paper first describes the background and significance of the topic,then reviews the domestic and foreign literature,and finally discusses the innovation and shortcomings of this paper.The first chapter is to analyze the theoretical disputes triggered by Article 996 of the Civil Code of China,mainly the disputes about the nature of liability,the choice of the basis of the right of claim and the applicable procedures.Through the grasp and analysis of the controversial points,we can understand the latest theoretical research trends in the field of compensation for mental damage in the case of breach of contract in China.The second chapter is the interpretation of the judicial judgment of compensation for mental damage in the case of breach of contract.First,the judicial cases are sorted and summarized,the proportion of support and rejection,the distribution of contract types,the difference of compensation amount and other perspectives are selected,and the key information is summarized,focusing on the differences in the reasons for the judgment before and after the implementation of the Civil Code,and the problems in the interaction between judicial judgment and theoretical research are summarized,Comprehensively clarify the judicial status of compensation for mental damage in the case of breach of contract,and establish a clear understanding of the relationship between theory and practice.The third chapter is the legal analysis of the compensation for mental damage in the case of breach of contract.It first analyzes the constituent elements of the application of Article 996,interprets the legal basis behind each constituent element,and comprehensively analyzes the premise of the application of compensation for mental damage in the case of breach of contract;Then,based on the summary of the case experience,the author analyzes the legitimacy of the compensation for mental damage in the case of breach of contract,mainly from the necessity and feasibility,to demonstrate why China should apply the compensation for mental damage in the case of breach of contract.The fourth chapter is the investigation of the extraterritorial system,taking the Anglo-American law system and the civil law system as the object of investigation,and selecting two typical countries respectively,to analyze how these countries apply the compensation for mental damage in the case of breach of contract.In the countries of Anglo-American law system,Britain has gradually broken through the limitation of non-property damages for breach of contract,while the United States has established a compensation mechanism for mental damages for breach of contract under the mode of principle+exception;In the civil law countries,Germany mainly applies the theory of commercialization of non-property rights and interests to the application of compensation for mental damage in the case of breach of contract,while France is relatively simple,stipulating that the scope of loss includes not only property loss,but also non-property loss,so as to realize the protection of non-property damage.Through the analysis and interpretation of the above countries,this paper summarizes the enlightenment of applying mental damage compensation in the case of breach of contract in China.The fifth chapter is to provide legal application suggestions for the improvement of compensation for mental damage in the case of breach of contract,including the expansion of the interpretation of "compensation for loss" in the contract part of the Civil Code,the grasp of the premise of the establishment of "right to personal injury",the reasonable confirmation of applicable contract types,and the standardization of predictability rules,etc.,to ensure the coordinated application of compensation for mental damage in the case of breach of contract in China’s legal system.