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A Study On The System Of Liability Of Breaking A Tourism Contract

Posted on:2007-07-17Degree:MasterType:Thesis
Country:ChinaCandidate:Y ZhangFull Text:PDF
GTID:2166360182487880Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Liability of breaking a tourism contract means that tourism contract is the responsibility of the contract breach of contract a party is non-compliance with contractual obligations, or their discharge nonconforming, the other party should assume civil liability or legal consequences. Tourism contract breach of contract responsibility system as a tourist core system, the maintenance of the tourism contracting parties, especially in a weak position of the legitimate rights and interests of tourists is crucial. At present, China's tourism disputes, contract legislation is lagging behind because of tourism, especially tourism contract responsibility system deficiencies resulting in default. Thus a tourism contract responsibility system default sound legislation is the achievement of an important part of the tourism contract. A breach of contract responsibility system of tourism, we must first define the scientific concept of tourism contract breach related responsibilities, in the light of existing legislation and scholars view this contract default on the responsibility of the tourism concept default escape responsibility attribution principles and concepts of the subject matter defined. Tourism contract constitutes a breach of its responsibilities is to determine which elements of the decision from the existing legislation and the practical needs of the tourism contract breach responsibility to take the principle of strict liability, breach of contract decision of the tourist element is a breach of the duty of existence. Tourism contract clients default, we must assume responsibility forthe breach, unless the parties have agreed to a legal or parties claim the exemption. Property damage arising from breach of contract which tourism can generate non-property damage. For property damage, legal relief more fully, and for non-property damage, the current lack of effective legal relief. We should certainly be able to request non-default property damages because the contract is for the acquisition of spiritual tourism interests contract, the contract can be foreseen when the moral damage occurred. Given tourism breach of contract and tort liability and responsibility for security defects liability, respectively, for this breach of contract responsibilities and other tourism responsibilities under two long analysed and made a perfect tourist breach of contract responsibility system.
Keywords/Search Tags:tourism contract, liability of breaking a contract, non-property damage, compensation for spirit damage
PDF Full Text Request
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