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Operator's Obligation Of Safety Guarantee

Posted on:2009-09-08Degree:MasterType:Thesis
Country:ChinaCandidate:J XuFull Text:PDF
Abstract/Summary:PDF Full Text Request
The existence of the law is to protect the interests. Science andtechnology are advancing rapidly, but crises are always there. Thelaw provides the topic and space of research in some degree. In thisarticle, the cries comes from serious body damages frequentlyhappened to consumers in public places like hotel, restaurant, dancepub and bank due to lack of safety protection undertaken byproprietor or organizer, and the current law is unable to providelegal support for victim as the behavior of the operator andorganizer is conducted in a form of omission. The value of safety isignored since a long time; actually it is important for us to ensurethe safety. Under such circumstances, legal explanation regardingduty of care borne by proprietor or organizer enacted by thePeople's Supreme Court is also a response to such an urgent need.Trough the study of the obligation of safety guarantee we cancompensate the injure happened when attention not paid to duty ,andrealize the benefit balance between person , aggrieved party ,society effectively, and satisfy the society's need of law thereby , drive society's health to grow beneficially while having kept the lawrelative stability.The forward part is mainly concerned about introduction of theobligation of safety guarantee in our nation.Chanpter 1 analyzes theLegal principle character problems about the obligation of safetyguarantee. The theory basis of the obligation comes from duty of carein Germany; advance with time, the law provides some other theoriesto sponsor the correction of it, such as theory of danger control,theory of profit and so on. Secondly, the author analyzed theobligation of safety guarantee is an obligation existing in contractrelationships, and an obligation in infringement act at the same time.Chapter 2 involves the range and contents about the obligation ofsafety guarantee. Operator is the subjects of the obligation, but weshould fix reasonable degree of the scope and when and where to holdthe liability for the objection of the obligation. Chapter 3 is aboutcivil liability for violation of the duty. When the operator violatesthe obligation, what is the constitutive requirement of it? What isthe difference between direct liability and supplementary liabilitywhen damages caused, and which limitation of liability for thesubject of the obligation can claim? Chapter 4 is conclusion remarks.The author combines with current contents of the obligation, proposessome suggestions to improve it.
Keywords/Search Tags:the obligation of safety guarantee, Legal principle character, legal nature, range and contents, civil liability
PDF Full Text Request
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