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On Contract-Breaking And Non-substance Reparation For Injury

Posted on:2008-03-07Degree:MasterType:Thesis
Country:ChinaCandidate:W DongFull Text:PDF
GTID:2166360242473716Subject:Law
Abstract/Summary:PDF Full Text Request
Non-substance Reparation for Injury is a hot point in law field these years. According to traditional civil law, The duty of contract- breaking concerns only the responsibility of property, and there isn't mental relief to the non- contract-breaking side. But some scholars of law field have their own view-points: There should be a distinction between duty of contract -breaking and Liability for Sort. The signature and carrying out of the contract concern only to the lose and accept of the property, and there is nothing to do with Non - property. The non-substance injury, such as the injury and death of human body and the mental injury, etc, should be relived by the law of infringement But, the duty of contract -breaking and Liability for Sort mingles with each other in many legal cases. And the legal right cannot be concerned wholly by the Liability for Sort According to the law theories, Injury reparations consist of Non-substance reparation for injury and substance reparation for injury. Non-substance reparation for injury is only one aspect of reparation for injury. And reparation for injury is the common relief way of both the duty of contract-breaking and the Liability for Sort It unreasonable whether the non substance reparation for injury is regarded as the distinction point between the duty of contract-breaking and the Liability for Sort. Furthermore, the representative states of the Continent Branches and the Britain & the U.S Branches founded the system of Non-substance reparation for injury in contract -breaking theoretically and from legal precedent because of the spring up of the non -substance injury cases resulted from contract breaking. We will consult the feasibility of non-substance reparation for injury in contract-breaking from the aspects of theories and studies of comparative law, etc. and the construction of the system. Further more, we will raise some advice to the foundation of the system in our nation in the future.
Keywords/Search Tags:The Responsibility of Contract -Breaking, Non-substance Reparation for Injury, Substance Reparation for Injury, Relief
PDF Full Text Request
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