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What is the scope of mental damage compensation

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What is the scope of mental damage compensation


        

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  • 2024-06-06 04:00:47

    First of all, compensation for mental damage refers to a kind of civil liability that the victim requires the infringer to compensate for mental pain or mental damage caused by unlawful infringement of personal rights and interests.

    Secondly, if a natural person or his close relatives bring a lawsuit to the people's court to claim compensation for mental damage due to the infringement of personal rights and interests or specific things with personal significance, the people's court shall accept it according to law.

    Thirdly, specifically, it generally includes the following situations

    First, if one party's breach of contract damages the other party's personality rights and causes serious mental damage, and the injured party chooses to request it to bear the liability for breach of contract, it does not affect the injured party's request for mental damage compensation.

    Second, if the infringement on the personal rights and interests of natural persons causes serious mental damage, the infringed person has the right to request compensation for mental damage.

    Third, if serious mental damage is caused by intentional or gross negligence infringement on a specific thing of personal significance of a natural person, the infringee has the right to claim compensation for mental damage.

    [Legal Basis]

    Article 1 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Determination of Compensation Liability for Spiritual Damage in Civil Torts states that if a natural person or his close relatives bring a lawsuit to the people's court to claim compensation for spiritual damage due to the infringement of personal rights and interests or specific things with personal significance, the people's court shall accept it according to law.

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