The Study On Obligation Of Security

The obligation of security is a compositive concept beyond tort liability and contract liability. It is not only a main obligation of torts ,but also in contract law. My dissertation use historical comparative and practical analyzing methods to show the disputes on theory and the judicial practices. To perfect the legal mechanism of the obligation of security and give some references to Chinese Civil Code.,1 will make deep research on the origin development and basic theory of the obligation of security.There are about 60,000words with 5 chapters besides preface and postscript.Chapter 1 It is about the background of the obligation of security in common legal system and continental legal system .Giving a comparative analysis between two legal system of the obligation of security, the origin, feature, and value will be discussed.Chapter2 The issue will be formulated with four aspects of human rights, Roman law theory economics and sociology ,which will consolidate the core theme of this article .Chapter 3 It is the comparative methods to discuss the concept, the scope of apply, the quality, and the principle of liability ,which is disputed in theory, harmonizationChapter 4 On the conclusion of the obligation of security in contact law, I will do deep research on basis theory of the obligation of security in contract. First is the origin jurisprudence and the value of legal mechanism; Second is to compare the concept between the obligation of security and other obligations in contract law; Third is the detailed analysis of the character ,classify and legal liability of the obligation of security. In final , I will give a practical analysis of cases to discover the theoretic fault behind the judicial practice.Chapter 5 It is about the draft of civil law and the contract law. Besides this ,1 will give some legislative advice of the obligation of security. The conclusion summarizes the points in article and give the viewpoints of author.