On the Basis of the Claim for Moral Damages for Breach of Contract Infringing on the Rights of Personality
Article 996 of the Civil Code is an independent basis of claim,which can be the main norm for the con-tractual counterparty to claim moral damages.Article 996 is an exception to the damages for breach of contract,essen-tially,it still belongs to the category of tort damages,and together with the damages provided for in Article 583 and Arti-cle 1183,which constitute the normative system of moral damages in the civil law.The premise of the application of Ar-ticle 996 is that the specific infringement of behavior must be consistent with the constitutive elements of breach of con-tract liability and the constitutive elements of tort liability,so Article 996 and Article 1183,as well as Article 583 in the application of norms belong to the competing relationship.Even if the victim chooses to rely on Article 996 to claim moral damages in a breach of contract claim,it should be judged within the normative system of tort damages,rather than within the normative system of breach of contract damages,in order to carry out the legislator's position of balan-cing the protection of the right to personal integrity and the freedom of conduct.
personality rights codificationmoral damagestort liabilitybreach of contractcompeting liabilities