Font Size: a A A

Discuss On Tort Law Relief To "Pure Economic Loss" In Our Country

Posted on:2009-11-15Degree:MasterType:Thesis
Country:ChinaCandidate:X Y ZhangFull Text:PDF
GTID:2166360245966192Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
"Pure economic loss" is the popular topic in modern comparative law. The character of invisible, pilosity, chain quality and great-cost lead to the special treating system of pure economic loss. The article mainly discuss the problem of "pure economic loss" to the third party. And the article compared the related systems about a few main nations , to put forword some suggestions about our country how to resolve this porblem.At first, this article mainly discusses the concept of "pure economic loss" . The article arouses people pay attention to "pure economic loss" phenomenon through introducing several classic cases in daily life. Secondly,the article analyses the character of "pure economic loss" and introduces the conparison with the types of damage in civil law. That we will clarify the meaning and extension of the "pure economic loss" . Then mianly introduces the legislation pattern about "pure economic loss" in Britith,German and France. And the article descripts the problems that each country must face. At the same time , we find the common idea in different legal environments through the comparison method research.How to compensate "Pure economic loss" is another important problem which has generated many arguments. The article mianly indicates the attitude that our country how to involve the problem of "pure economic loss" at present. One aspect introduces legal rules that already exist in our country, another aspect analyses court' s attitude about "pure economic loss" ."Pure economic loss" has very abundance of categories, so we can not use one standard to solve all the types. So it needs looking for different ways for different categories after considering the policy factors behind each category. The last and the most important part mainly concerned with how to relieve"pure economic loss" through perfecting Tort law. The author think that we should affirm the protection to "pure economic loss" in general clause of tort law firstly. And then respond to the research dividing "Pure economic loss" for different types. This article mainly analyzes four types: cable case, oil pollution case, negligent misrepresentation case and commodity self-hurts case. The article sums up in the behaviour form that"pure economic loss" in each type, and bring forward views that whether "pure economic loss" should be compensated in Chinese civil law.
Keywords/Search Tags:"Pure economic loss", tort law, the tort of negligence, type-rization
PDF Full Text Request
Related items