Research on Judicial Application of the Compensation Clause for Breach of Contract Based on Article 996 of the Civil Code
Article 996 of the Civil Code is a genuine compensationclause for breach of contract in nature,including the existence of three applicable conditions:breach of contract,damage to personality rights,and serious mental damage.In order to expand the scope of application of the law,"personality rights"can be broadly interpreted to include"personality interests".As for purely moral interests that are not personality interests,they can be remedied through article 577 of the Civil Code.At the same time,in order to prevent the generalization of liability,restrictive clauses should be added to the contract section of the Civil Code,and a list of contract types for compensation clause for breach of contract should be established in conjunction with the formulation of relevant judicial interpretations,and a comprehensive group of norms for compensationclause for breach of contract should be established with Article 577 as the general clause and Article 996 as the special clause in Article 577 of the Civil Code,and the content of the relevant judicial interpretations should be added,so as to provide clear guidance for judicial application.
Civil Codecompensation clause for breach of contractpersonality right
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