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The Research Of Legal Issues On Pure Economic Loss

Posted on:2010-05-25Degree:MasterType:Thesis
Country:ChinaCandidate:X M ZhangFull Text:PDF
GTID:2166360275981962Subject:Law
Abstract/Summary:PDF Full Text Request
Pure economic loss is a very hot topic in foreign jurisprudence field, a difficult problem as well. Pure economic loss refers to cost loss not being caused by the victim's personal injury and definite property damage, namely, a property loss apart from personal injury and tangible property damage, which is relieved by money. After decades of development, Two Legal Systems have undergone quite systematic research on pure economic loss system and have formed quite mature handling mechanisms, which mainly include Anglo-American pragmatism handling model, French liberalism handling model and German conservatism handling model. These handling models are of important reference for our country to deal with problems related to pure economic loss. Compared to the systematic research and comparatively perfect handling mechanism in foreign countries, the study of pure economic loss in domestic civil law field and its related handling mechanism so far are comparatively dull. Because of its frequent occurrence and importance, and since the victims'legitimate interests are damaged continually, law field can not ignore its existence. In addition,'Tort Liability Act'has been put on the legislative agenda in our country, and whether pure economic loss in tort law field can be reflected on legislation layer or not is also one important issue in tort law field. Therefore, we should strengthen and improve the basic theory research on pure economic loss, especially should elaborate on its legal definition, legal characters and the conditions of legal responsibilities. Toward the handling mechanism of pure economic loss, mature disposal abroad is to adopt the method of typological analysis. Our country can absorb and refers to the experience from abroad. Based on study of lawmakers'attitude toward pure economic loss and the legislation status quo, tidy up the existed problems in the handling of pure economic loss, by means of analyzing the handling mechanism of pure economic loss caused by securities market intermediaries'misrepresentation, set forth its damage reparation principles, damage reparation amount and its calculation, hoping to provide a reference to the handling of other types of pure economic loss.
Keywords/Search Tags:Pure economic loss, Handling mode, Misrepresentation
PDF Full Text Request
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