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On Principle For Attribution In Chinese Contract Law

Posted on:2002-03-12Degree:MasterType:Thesis
Country:ChinaCandidate:Y XiangFull Text:PDF
GTID:2156360032950534Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
There are mainly three theories on principle for attribution in Chinese contract law :strict liability, strict-fault liability and fault liability which is tenable. Firstly, principle for attribution is decided by its universality, generalization and indeterminacy as the value judgement in judging why the debtor ought to bear the responsibility. Secondly, reasons for attribution or exemption lie in different expressions of the same issue. Thirdly, the value of principle for attribution which explains the correctness of ethics can not be replaced by its components which just emphasize the statutory and definite. And finally, the name of principle for attribution is a match for fault. Fault liability embodies its reality in the following:(1)Agreeing with the position of the ordinary people in Chinese contract subject .(2) Answering the calls of ethics correctness of law in Chinese people.(3) Keeping a consistency in the logic of the system of Chinese civil law. A conclusion that the principle for attribution in Chinese contract law can and should be regarded as fault liability can be drawn from rationality and reality of the principle of fault liability.
Keywords/Search Tags:principle for attribution, fault liability
PDF Full Text Request
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