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Study Of Some Problems About Contracting Negligence Responsibility

Posted on:2005-10-20Degree:MasterType:Thesis
Country:ChinaCandidate:L H WangFull Text:PDF
GTID:2156360122499493Subject:Economic Law
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Contracting negligence responsibility is an independent system of creditor's rights which originated from Roman laws. The early civil law and the new contract law of our country have made some provisions on it. However, in the academic world, people don't hold completely identical views and there are great theoretical disputes so that some discrepancies emerged. So it needs perfecting in the practices of legislation and judicature. The thesis, with related documents and materials and by elaborating generally three issues of contracting negligence responsibility -- concept, genre, harm and compensation, tries to provide reference for dealing with the relationship of both parties in the course of contracting.The first issue of the thesis elaborates the concept of contracting negligence responsibility. It briefly generalizes and lists five views of concept that some related scholars raise for contracting negligence responsibility. On the basis of confirming their reasonableness, elaborates the author's viewpoint. In order to understand more easily, the thesis also introduces four components of contracting negligence responsibility.The second issue emphasizes on investigating genres of contracting negligence responsibility which includes three parts. First, it elaborates different genres of contracting negligence responsibility in different countries' laws. In this part, it introduces different provisions on genres of contracting negligence responsibility in Roman law, the Continental law and the laws of England, America and France, etc. When expounding the genre of contracting negligence responsibility in the Continental law, it puts emphasis on related contents of laws in Germany, Greece and Japan. Then it elucidates the genres of contracting negligence responsibility in our country. It introduces the related provisions of contracting negligence responsibility in the existing law and different opinions of scholars to the genres of contracting negligence responsibility. It also summarizes four standards for classifying the genres of contracting negligence responsibility in the law world. They are whether to violate the previous contract obligation, provision of the law, whether the contract is tenable and whether the contract relationship exists validly. Finally, the author expresses his own opinion to the genres of contracting negligence responsibility, comes up with the suggestions to perfect the legislation and analyses the specific genres of contracting negligence responsibility from three aspects. As expounding contracting negligence responsibility when the contract is not tenable, the thesis lists and analyses six genres of contracting negligence responsibility -- consulting evilly in the name of setting up a contract, violating the previous contract obligation, the offerer violating the valid offer, violating the valid offer invitation, violating compulsory contracting obligation and violating the primary agreement. In elucidating contracting negligence responsibility when the contract is unvalid or recalled, the thesis analyses two genres of contracting negligence responsibility -- one is for the contract is unvalid or recalled, the other is for the validity is not recognized. When analyzing contracting negligence responsibility as the contract is tenable and valid, the author expresses his own opinion on the basis of absorbing the ideas of some scholars and learning from other countries' good experience. The third issue discusses harm and compensation of contracting negligence responsibility. The author first sets forth his views on the responsibility styles of harm and compensation of contracting negligence responsibility. Then the thesis expounds the scope, limits and restrictions of harm and compensation of contracting negligence responsibility. To the scope, it clearly tells harm and compensation depends on the trusting profit and the specific amount of harm and compensation is up to the real profit loss of the sufferer. It also discusses whether the trusting profit loss includes...
Keywords/Search Tags:Responsibility
PDF Full Text Request
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