On the Application of the Mental Damage Compensation System for Breach of Contract and the Way to Ease——Focusing on the Article 996 of the Civil Code
The Article 996 of the Civil Code makes a breakthrough in the construction of the compensation system for breach of contract.Taking the Article 996 of the Civil Code as the center,this paper studies its disputes in academic circles and practice,and finds that there are some problems in this article,such as unclear attribute of responsibility,incomplete protection of spiritual inter-ests other than personality rights,and vague definition of relevant standards,which make it difficult to be applied in judicial prac-tice.The definition of this article by the liability concurrence rule is conducive to the coordination between the Article 996 and the Article 186,and appropriately expands the scope of spiritual interests contained in the"personality right"of this article,so that the spiritual interests of the non-breaching party can be more comprehensively protected,and the further elaboration of relevant provi-sions can make the compensation system for breach of contract for mental damage easier to be applied in practice.It can also make the system more perfect and concrete.
mental damage compensation for breach of contractthe right of personalityconcurrence of responsibilitieslia-bility for breach of contract
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