试论违约精神损害赔偿——周明佳与马莉等摄影摄像服务合同纠纷上诉案.pdfVIP

试论违约精神损害赔偿——周明佳与马莉等摄影摄像服务合同纠纷上诉案 The article is analytical approach via the first and second instances, and the references according to the constitution rules and its judicial circumstances in the Comparative Jurisprudence. The given rights of options in breach and tort for disputants was avoided in the first instance, and the dispute was not solved. Even thought the Three Options was approved on the second instance, the Theory of Liability Contradiction is inevitable violated; in additionally, the right of requesting was not found supportively in the codes and its rules. Under the frame of the constitutional jurisprudence of China, The spirit in the constitutional code #113 in The Law of Contract should be applied. The senses must be informed as an agreement which is acknowledged via the disputants in both parties. The principles of honesty and faith and its applications should be applied whenever the liability contradiction involved into an action which cause a spiritual damage of ones, and its negative suspected as tort. The casualty in the Contract Law should be included the damage in spiritually of ones via the characterization in the goal of expanded; Thus, a litigation regards the default of a contract should be approved vice versa. The subsection in this paper also include the analysis to the requirements of a spiritual damages compensation report. Conciliation but not compensation is a necessarily requirement to be into a dominate po sition regards a case of assaultive offenses ones spiritual state. The principles on right of discretions should be approved to the judge in senses, the fi