Font Size: a A A

Research On Compensation Of Pure Economic Loss

Posted on:2008-01-28Degree:MasterType:Thesis
Country:ChinaCandidate:J ZhaoFull Text:PDF
GTID:2166360242969228Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Pure economic loss refers to "a kind of pure economic loss that does not caused by victim's personal harm or the visible property harm and it does not include victim's personal harm and the visible property harm". This harm shape was formed after later 1960's, because it occurs frequently, involves broad scope, has many uncertainty factors, if compensation is not limited, then possibly the lawsuit will be in flood, the social cost will be wasted, but not giving compensation to all victims is not fair, therefore is called a difficult problem in the law educational world. Various rules in different countries can't form the unified standard and pattern to the situation that can attain compensation, some countries implement relief through expanding related system within law of contract, also some countries protect it through typological of the abuse of authority. These differences and argument on legal principle theories of law and the judicial practice make pure economic loss research fill challenge. Along with the development of market economy in China, more and more economic loss cases appeared. How to realize just compensation to pure economic loss case, that cannot create the flooded lawsuits, and at the same time can protect the victim reasonably, manifests the fair justice, is an important topic that we need to ponder and research earnestly. This article altogether is divided into six parts and encompassed whether to compensate economic loss as well as how to compensate economic loss:The first part is an introduction, emphasized the necessity and pressing of carrying on the research on compensation to pure economic loss case through four real life cases.The second part is outline of pure economic loss; the article first analyzed and compared different meaning of pure economic loss by scholars, in this foundation, proposed new definition and basic characteristics, proposed that because it used the denial definition method, its shape varied. It is one economic interest loss, thus is a blank spot in the traditional tort law and the law of contract restraint. This article classified it from many angles and described status of pure economic loss in the harm classification system. The third part is law and policy consideration on whether to pay compensation to pure economic loss. This part analyzed various factors of not giving the payment, proposed law support of compensation, in this foundation, expounded the economic loss should be justly compensated and moderately limited, described the important role of pure economic loss compensation in the law of contract and reasonable restrict.The fourth part is comparison research on the question of pure economic loss compensation. This part described establishment and development of processing pattern in representative countries from the abuse of authority law and the law of contract, and creatively use the classification method of opening system, conservative system, and practical system in the worldwide scale. Put forward to the pure economic loss, as a law technology, should be serviced the law purpose; describe the important role of compensation of pure economic loss in the line of contract law and tort law.The fifth part is about pure economic loss compensation in civil law of our country. Put to compensate to pure economic loss, analyze the protection of pure economic loss in tort law of our country and elaborated the common type of processing pattern in attorney and accountant's responsibility. Finally, proposed my own view on how to realize pure economic loss compensation in civil law of our country, make sure of the basic thoughts and law-system establishment of compensation of pure economic loss.The sixth part is a conclusion, summarized the economic loss compensation question mentioned in this article, discussed whether pure economic loss could be realized justly, moderately limited it involves not only the construction of macroscopic legal framework in our country but also affected the establishment of microscopic legal regime, it should attract attention and become a high profile in the legal science and the widespread society.
Keywords/Search Tags:Pure economic loss, Exclusionary rule, Contract attaches to protect the third person, The tort of negligence
PDF Full Text Request
Related items