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Obligation Of Safety Guarantee Of Operators

Posted on:2007-07-04Degree:MasterType:Thesis
Country:ChinaCandidate:W ZhouFull Text:PDF
GTID:2166360218962415Subject:Law
Abstract/Summary:PDF Full Text Request
The cases of personal safety damage and property damage in hotel, entertainment and bank have occurred in recent years, which attaches attention of the society. Some cases result from operators fault while damage in some cases is not directly caused by operators but direct infringers could not be found or direct infringers are not able compensate for damages and aggrieved parties file lawsuit for compensation with operators as defendant. Such kind damage usually results from injurer's indifference to obligation performance. Based on infringement of nonperformance legal obligation is a must in case that laws and regulation requires infringers shoulder legal duties. Obligation of safety guarantee is regulated for infringers and infringement of the legal duties is confirmed as nonperformance infringement. With the increase of such kind of infringement cases in trial the thoery of "safety guarantee obligation" is introduces in Civil Law and the thoery is confirmed in the 6th term of promulgated by Supreme Court. The components and obligation of safety guarantee infringement is expressly confirmed in the term. Although the judicial explanation confirms the safety guarantee obligation of operators, range of the obligation and obligation limitation the obligation of operators differs becauce of various circumstances. The research of the field has not carried out wide enough at presant. The essay focuses on development, components, legal substances, obligation type and reasons of free from obligation.
Keywords/Search Tags:Safety guarantee obligation, Main componant, Legal substance, Obligation appointment, Reasons of free from obligation
PDF Full Text Request
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