A brief analysis of the constitutive elements of compensation for spiritual damage caused by breach of contract in tourism:Based on the Perspective of 83 Judgments
In 2001,the Supreme People's Court made specialized stipulations for the first time on the issue of mental damage compensation in judicial practice;however,it did not regulate mental damage compensation in cases of contract breach.The Civil Code has further clarified the application scope of liability for mental damage.Since the promulgation and implementation of the Civil Code,in the do-main of judicial practice,people's courts have supported requests for mental damage compensation for breach of tourism contracts,although there are disparities in the understanding of the constitutive ele-ments.The paper contends that the constitutive elements applicable to the mental damage compensa-tion system for breach of tourism contracts primarily encompass:the existence of a contract breach;the violation of the personality rights or personality interests of natural persons;the causal relationship be-tween the contract breach and the impairment of mental interests;and the infliction of severe mental harm.
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