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Safeguard Obligation

Posted on:2008-04-28Degree:MasterType:Thesis
Country:ChinaCandidate:W ChenFull Text:PDF
GTID:2166360215463267Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The theory of safeguard obligation has produced and developed gradually with the development of social economy. But many problems still exist in this theory. To perfect the legal mechanism of the safeguard obligation and give some references to Chinese Civil Code, I will make deep research on the conception, liability formulation, liability assumed from such theory and other related problems of the judicial interpretation.There are 5 chapters besides preface and conclusion:Chapter 1 starts with the origination of the safeguard obligation theory. Through the analysis of such systems in major countries of the world, and discussion of the legal nature on its theoretical origin, I find it's a legal obligation. At last, it includes the definition of safeguard obligation with reference to the main contents of this obligation.Chapter 2 discusses the constitutive requirements of torts against safeguard obligation and impunity conditions. The emphasis lies in that fault liability should be adopted, to be more consistent with the social impartiality and justice. In the meantime, through an analysis of fault and causality of the constitutive requirements, it provides special judgments of the two situations in safeguard obligation.Chapter 3 analyzes liability assumed against safeguard obligation according to judicial interpretation in our country, and focuses on the rang,basis and nature of the supplementary liability. Chapter 4 analyzes article 6 Interpretation of the Supreme People's Court of Some Issues concerning the Application of Law for the Trial of Cases on Compensation for Personal Injury, stipulated meaning, basis, background and other related articles of safeguard obligation.Chapter 5 summarizes the theoretical analysis of the whole thesis and gives out four legislative suggestions.
Keywords/Search Tags:Safeguard Obligation, Legal Obligation, Imputation Principle, Supplementary Liability
PDF Full Text Request
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