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The Research On Expert Liability Of Certified Public Valuer

Posted on:2007-09-13Degree:MasterType:Thesis
Country:ChinaCandidate:H YangFull Text:PDF
GTID:2166360185966005Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Certified Public Valuer(CPV)Cpv are those people who obtain cpv's certificate and accept request so that to do evaluate and estimate the assets. Expert liability of cpv is a kind of civil compensation, it begins when cpv cause damages to clients or third person because of their fault during they offer services. The formation of this kind of responsibility is related to the law's stipulation that the pure economic losses are caused by false state. The formulation of this kind of responsibility belongs to the factors of themselves or else.Cpv's job obligation is related to experts liability of cpv as a kind of legal obligation and becomes the foundation of experts liability of cpv. Its produce on the basis of trust of client and relevant interests people and it include duty of care, confidentiality obligation and duty to disclosure. The fault of cpv is a kind of improper behavior that violate job obligation during carry on the operation activity of assets assessment and it can be divided into noncompliance with duty of care, noncompliance with confidentiality obligation and noncompliance with duty to disclosure. The judge standard of the fault adopts job standard and combines evaluation behavior principle , expert assessor system and the party's agreement standard. The prove method of the fault adopts the burden of proof to invert.The range of the responsibility of economic compensation for damage should be distinguished according to the obligation properties that cpv undertake. If the purpose or important content of contract is to make client obtain spiritual joy or get rid of certain agony, but the operation fault of cpv makes this purpose can not be achieved.Then cpv will burden the responsibility of spiritual damages compensation to the victim. Our country should issue the law of cpv as soon as possible and stipulate the corresponding content of expert liability of cpv.
Keywords/Search Tags:CPV, Job obligation, Negligence
PDF Full Text Request
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