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The Research On Expert's Responsibility Of Japanese Architect

Posted on:2007-02-12Degree:MasterType:Thesis
Country:ChinaCandidate:B LiFull Text:PDF
GTID:2166360185465972Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Expert's responsibilities of Japanese architects is developed in theoretical research and judicial practice. From the nature and practice of law and justice perspective, it is better to take expert's responsibilities as a quasi-contract . Architects'tort-liability-fault is same to other expert's responsibilities. Violations is almost based on the specific scope of practice of architects. However, the scope of practice of architects leads to the confusion of duties. it is more reasonable that practising activities include the design and supervision. practising activities should be adjusted . Thinking of the characteristics of architect's work , the most reasonable approach is the liability to damages. The damages of architects is generally purely economic damage. There is no loss in tort a theoretical obstacles of Japan and China. With the rules of pure economic damage in common law. Supervision and construction should be separated. Therefore, according to"Building Law" of our country, designer and constructioner are the same, it is not inappropriate. Different positions of the architect firm will affect architects responsibility. As a staff of the firm , except employer's liability , architect should bear the personal tort liability. As directors of corporate , architect should bear the personal tort liability and violations alleged responsibility of the directors. The individual responsibility of architects will not be hidden. Design supervision and construction to achieve a certain degree of separation in clear accountability. Japanese architect in the construction that application signature stamped is similar to the construction that the architect of china sign in the drawings that is not designed by them. Although the architect have not actually work, but as the experts, they have the obligation to anticipate and avoid the results, so the experts should be held accountable for their responsibility. Architects and the others share responsibility , but in the sharing of responsibilities within, the architect is not be held the responsibilities.
Keywords/Search Tags:Expert's responsibility, Japanese architect, Violate behavior, Responsibility Property
PDF Full Text Request
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