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Research On Contracting Negligence Responsibility

Posted on:2008-07-01Degree:MasterType:Thesis
Country:ChinaCandidate:L L WangFull Text:PDF
GTID:2166360218455251Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
With the gradual and deep Chinese reformation, business becomes deeper and wider. Contract dissension brought by contracting negligence responsibility are gradually increasing during the justice practice. The action of the party in the moment of the creating contract need adjusting by the law. The Chinese introduce into contracting negligence responsibility from the abroad, but it is short of maneuverability. The author adopts comparative analytical method, and then discusses some problems of contracting negligence responsibility.The article has five departments. The introduction describes the actuality of contracting negligence responsibility and the impact on us. The fast department is summarize of contracting negligence responsibility. The author systematically and deep probes into the origin and development. The theory of contracting negligence responsibility come of The Rome, the German Jarring made it systematic and theorization. With the development of the doctrine, the theory has developed in many countries, so they make the special system .The author comparatively analyzes some doctrines about the signification of contracting negligence responsibility, and then gives the signification. The second department is contracting negligence responsibility and the compare between it and else civil responsibility. The author analyzes the inscape and applicable range from the doctrine and justice, and then which is in favor of comparing contracting negligence reasonability to breach of faith responsibility and tortuous responsibility. The third department is the damage compensation of contracting negligence responsibility. The author first analyzes reliant benefit which is central benefit which is central benefit protected by contracting negligence responsibility and construes the character. The author subtly analyzes and compares the damage of contracting negligence responsibility between the two Law System and ours, and then discuss some problems of contracting negligence responsibility.The author discusses theory setout, basic concept, application, damage compensation, and gives some perfect advices.
Keywords/Search Tags:Contracting Negligence Responsibility, Pre-contract Obligation, Trusting Intrest, Compensation
PDF Full Text Request
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