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Civil Liability For Compensation Of Restaurants Operator Who Violated The Safety-guard Obligation

Posted on:2012-08-10Degree:MasterType:Thesis
Country:ChinaCandidate:X X TuFull Text:PDF
GTID:2166330335469848Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Human being' survival and development can't go without a safe social environment. One of the important functions of law is to protect the safety. With the development the society, In some public places, such as hotels, restaurants, dance halls, body damages have frequently happened to consumers due to lack of safety protection. So this thesis analyzes the safety-guard obligation in pubic and combining very easy cases in two part to talk about the civil liability of the operators who violated the Safety-guard Obligation. Then talk about the allocation of responsibilities of the parties.On the Safety-guard Obligation of operator price, this thesis analyzes the concept of the Safety-guard Obligation to talk about the sourced of it and know about the jurisprudence basis. Then this thesis talk about the reasonable insurance coverage of the Safety-guard Obligation. To integrate the situation of this case, analyzes the court sentenced the defendant who commitment the responsibility of violated the Safety-guard Obligation, is reasonable or unreasonable. On the accountability in violation of the obligation price, this thesis first analyzes the liability,principle of imputation and causal relationship of operators who violating the safety-guard obligation.1 contacted with this case to determine the violations form of the defendant. Then this thesis emphasis the allocation of responsibilities to the litigant. Relying the articles to talk about the adjudication of the court which specific amount in compensation is reasonable or unreasonable. On the basis of the above discussion, analyzes the legislation situation of the safety-guard obligation system in China, This thesis introduced comparative law on the focus of our country's legislative problems. and tried to give solutions.
Keywords/Search Tags:the Safety-guard Obligation, obligation of reasonable care, accountability
PDF Full Text Request
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