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Upper Paying Attention To Of Law Of Torts Duty Studies

Posted on:2010-04-15Degree:MasterType:Thesis
Country:ChinaCandidate:J R HanFull Text:PDF
GTID:2166360278473379Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Tort law as one of the basic concepts, Duty of care negligence tort liability are the key to be identified, By means of this, pay attention to the obligation at fault in tort law occupies an important position, In this paper, tort law duty of care as the research object, Inspection duty of care in tort law, the specific circumstances, in order to set up China's tort law to provide some recommendations.In this paper, the main chapter on the concept of duty of care has defined the duty of care refers to "conduct a reasonable person should be taken to avoid the attention of others to give the person or property damage resulting from obligations", At the same time, this article of the civil law and common law duty of care in the history of the comb, In this paper, the study pointed out that the duty of care based on fault liability for tort as a theoretical cornerstone. The principle of fault liability in tort law, one of the guiding principles. This article discusses is the fault of tort law duty of care on the problem, through the negligence of the duty of the theoretical basis of the study, pointed out the duty of care in our study questions the necessity and urgency.Chapter II of this article described in detail in the act of tort law obligations exist whether or not people pay attention to the finds. In this part of the contents of this paper in detail the civil law and common law duty of care to the acts of people of different standards that exist. One of common law tort of the acts of people the existence of duty of care mainly predictability standards, neighbors standards and public policy standards; And civil law were not universally accepted that the standards, mainly in the general laws and regulations, practices, regulations and other acts to carry out that person.In this paper, Chapter III of the main acts of tort law duty of care to people in violation of, How to identify the perpetrator of the act is in breach of the duty of care, civil law and Anglo-American legal systems have different requirements. Among them, the law on this issue mainly in the general definition of a reasonable person standard and expert standards, And civil law countries in violation of duty of care was judged that is in breach of the results from the predictable results of duties and obligations in terms of avoiding inspection.Chapter IV of this article focuses on how to build China's tort law duty of care of the theoretical system. For more in-depth comprehensive interpretation of the current duty of care in our country the status of theoretical development, this article is being revised in the light of the "People's Republic of China Law of Torts draft recommendation" (second draft), From the legislative point of view expounded on China's Tort Law in the scope of duty of care, And it is submitted that only in the types of violations of legislation on basic duty of care in our country in order to clear the specific scope of application of the theory; At the same time, this article from the perspective of judicial practice to start, select emerging in recent years, the property management industry as an entry point, Unifies the concrete case which our country occurs, in the centralism discussion current our country abuse of authority law pays attention to the actual content which the voluntary the origin, the legal characteristic as well as contain, thus made the partial tentative plans to our country abuse of authority law system's establishment as well as the attention duty theory's construction. Through specific case study, as a tort law duty of care in type theory, the property management's attention reflects the duty of care obligation to the basic connotation of the theory, This connotation includes not infringe upon the legitimate rights and interests of others, protect the legitimate rights and interests of others as well as property management attention to the safety and security obligations of the three parts of one of, property management attention to the safety and security obligations and duty of care are the key to the theory.
Keywords/Search Tags:Tort Law, Duty of care, The principle of fault liability, Property Management, Security obligations
PDF Full Text Request
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