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Research On The System Of Compensation Of The Pure Economic Loss

Posted on:2010-03-01Degree:MasterType:Thesis
Country:ChinaCandidate:R LiFull Text:PDF
GTID:2166360275455799Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
There has been a new type of damage in tort since 1960s which is named pure economic loss.Pure economic loss is the loss which does not result from the physical damage to person and property.With the legislative process of Tort Liability Act,the concept of pure economic loss is familiar to the majority of scholars.With the constant development of economy in modern society,the economic relationship between people has become much stronger than before.The loss of the rights and interests of the subject often initiates a series of loss,and it usually appears in the form of the economic interest. Because of the frequent occurrence and wide spread,it will result to excessive lawsuit and the waste of the social cost if we do not limit the compensation.It is obviously unfair if all types of pure economic loss cannot get compensated.This article mainly tells two major problems:whether it shall be compensated to the pure economic loss lead by negligence and how to compensate it.This article puts forward some advices to the settlement of these problems through the comparative research to the relevant legal systems of several countries.This article is divided into four parts.The first part mainly discusses the limits of pure economic loss.Through the analysis of the concepts of pure economic loss in the law circle of some countries nowadays and the comparison to other concepts,this part summarizes the scope of the pure economic loss.The second part tells the evolution of the disposition to pure economic loss in some countries.It mainly expatiates upon the evolution of the attitude and mode of the disposition of pure economic loss in France,Germany,Britain and the United States.The third part is on the analysis of the reason whether pure economic loss can be compensated.This part analyzes the reason that pure economic loss shall not be compensated through the "Floodgate" theory,the human value hierarchy,the need of the certainty of law,and puts forward the opinion of restrictive compensation to pure economic loss.The fourth part is the circumstance and perfection of pure economic loss compensation system in our country.This part demonstrates the reasonability and deficiency of the protection of pure economic loss in the field of Contract Law and Tort Law through the discussion of the foresaid problems.This part puts forward my opinion through the analysis of the legislative advising draft of Tort Liability Act,especially the categorization of pure economic loss.
Keywords/Search Tags:Pure Economic Loss, The Tort of Negligence, Legislation Protection
PDF Full Text Request
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