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2006•Journal of Gansu Radio & Tv UniversityRequires access

On Applying to Compensation for Mental Injury in Liability for Breach of Contract

MA Ai-ping

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Abstract

The question of compensation for mental injury occurs in responsibility of infringement according to the traditional theory of civil law.Mental injury caused by breach of contract shouldn't be compensated.The rationality of the viewpoint is worth questioning.This paper inspects other countries' practical experiences in the legislation and judicature by the method of comparison.It puts forward the common restrictive principles of the system of compensation for mental injury caused by breach of contract.

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The question of compensation for mental injury occurs in responsibility of infringement according to the traditional theory of civil law.Mental injury caused by breach of contract shouldn't be compensated.The rationality of the viewpoint is worth questioning.This paper inspects other countries' practical experiences in the legislation and judicature by the method of comparison.It puts forward the common restrictive principles of the system of compensation for mental injury caused by breach of contract.

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Available abstract

The question of compensation for mental injury occurs in responsibility of infringement according to the traditional theory of civil law.Mental injury caused by breach of contract shouldn't be compensated.The rationality of the viewpoint is worth questioning.This paper inspects other countries' practical experiences in the legislation and judicature by the method of comparison.It puts forward the common restrictive principles of the system of compensation for mental injury caused by breach of contract.

Key concepts: Breach of contract, Compensation (psychology), Rationality, Delict, Legislation, Liability, Personal injury, Law

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