| Although articles 583, 996, and 1183 of the Chinese Civil Code all pertain to damages for non-pecuniary losses, their different functions result in distinct scopes of protection and application, forming the “three-source concurrent flow” system of damages for non-pecuniary losses. Specifically, Article 583 protects transactions to satisfy personalized emotional needs and supports the aim of the contract law to uphold private autonomy and voluntary transactions, thereby promoting personal development and societal diversity. To achieve the goals of the personality rights law, Article 996 extends the protection of personality rights within contractual relationships by broadening the scope of liable parties and raising the standard of protective obligations. Article 1183 aims to reinforce the protection of personal rights and interests, meticulously serving the overall objective of the tort law to balance behavioral freedom with rights protection. Due to these functional differences, different standards should be adopted for the “severity” requirement of emotional distress in articles 996 and 1183, while Article 583 should not be subject to this restriction. |
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