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On The Security Obligations

Posted on:2011-06-17Degree:MasterType:Thesis
Country:ChinaCandidate:X J QuanFull Text:PDF
Abstract/Summary:PDF Full Text Request
Security obligations in a particular legal relationship in civil party to the other party of the personal rights and property rights are negative protection, care obligations. Security has not fulfilled obligations to the security of the obligations of others caused personal and property rights and interests of the damage, shall bear tort liability. Breach of duty of security infringement liability is the most complex types of violations. In China, the safety and security obligations first by scholars advocates, and then confirmed by the judicial interpretation of the law in recent years, safety and security obligations on further studies,China has just passed, "Tort Liability Act," Article 37 obligations in violation of security responsibility to the provisions of infringement, because Security is a tort law duty of a new system, yet in-depth study related issues. In this paper, based on the existing theory of duty and breach of security safeguards obligations to tort liability for a more in-depth analysis, some of their own views, and in particular the latest by the "tort liability law," Article 37 in detail analysis and assessment carried out. This article is divided into six chapters, the first chapter from the safety and security obligations the concept, analysis of the security nature of the obligation. Chapter II on security duty in the civil law and common law on the origin and development. The third chapter suggests the legal basis of security obligations, discussed the legal basis of their dangerous control theory, gain reward theory, theory of cost-effective, reasonable reliance theory, theory of human rights protection . Chapter IV of Liability of the principle of security that the breach of the duty of security Tort Liability principle should apply the principle of fault liability and Mining fault Will. Chapter V of the breach of security duties on components and tort liability structure by SEM, in violation of the duty of security elements of tort liability in the form of four elements were analyzed and in-depth analysis of its responsibility to shape that, in the safety and security obligations persons were not entirely the duty of security Ershi protected persons against any form against liability when joint and several liability for non-real time is more reasonable. Chapter VI details the "Tort Liability Act," Article 37 of the assessment, particularly of its responsibility for the problems in their morphology, while the analysis put forward suggestions for improvement.
Keywords/Search Tags:Security obligations, Tort liability, Add the appropriate responsibility, Tort Liability Act
PDF Full Text Request
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