Font Size: a A A

On The Operator's Civil Liability Of Violating The Safety-ensuring Obligation

Posted on:2006-01-30Degree:MasterType:Thesis
Country:ChinaCandidate:T LiuFull Text:PDF
GTID:2166360155457085Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
In recent years, the artificial persons that are engaged in business operations or other social activities in such public places as hotels and schools violate the safety-ensuring obligation and thus result in increasing disputes over the damage to the personal and property rights and interests of the consumers and other persons. Whereas, the study and discussions on the underlying safety-ensuring obligation are comparatively few, the research on its theories is not thorough enough and the relevant legal provisions are scattered. To seek the dynamic interest balance between operators and consumers and to realize justice and efficiency in economic life are the significant starting point and guiding ideology of confirming the extent and depth of the operator's security obligation.This paper will take up the questions correlated with tort liability of violating the safety-ensuring liability. After comparing and analyzing the legislative provisions of safety-ensuring liability in other countries, the author advances the concept of safety-ensuring liability, and points out that the operators engaged in the relevant social activities are under an obligation to the personal and property safety of the correlative public, which is a kind of legal obligation and defines its applicable places. At the same time its legal foundation and nature is expounded. After nailing down that it is the operator's fault that gives rise to the personal and...
Keywords/Search Tags:safety-ensuring obligation, tort liability, fault liability, direct liability, complementary liability
PDF Full Text Request
Related items