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Research On The Compensation System Of Tort Pure Economic Loss

Posted on:2011-10-03Degree:MasterType:Thesis
Country:ChinaCandidate:S SuFull Text:PDF
GTID:2166360308953669Subject:Law
Abstract/Summary:PDF Full Text Request
Pure economic loss suffered by the victim is not purely pecuniary interests,it is not due to the victim's property, personal rights or loss of damage occurred. If the cable of B damaged by A, C, D, etc. whose work stoppage by the loss of profits is a case in point. This loss and the loss of traditional types of civil law are compatible, whether there should be compensation, how to determine the scope of compensation and other issues in our country as well as legislative and judicial practice, theory is inconclusive. This article address the problem, by Comparative Perspective, combined with the relevant provisions of China's Tort Law and the relevant jurisprudence of the system of pure economic loss.This article in three parts:The first part was "pure economic loss overview." The concept of pure economic loss and has the intangible, independence, integrity and legal characteristics such directness. With indirect losses, loss of trust benefit, expected losses Concepts of interest, identified in property losses in the appropriate place and manner of case shows that the loss of the doctrinal categories.The second part was "purely economic damages cases, some typical processing model." Introduction pure economic loss in the United Kingdom, the United States, Germany, France and the processing mode. Way through the chart on contract law and tort law approach to the comparison, found that: pure economic loss in contract, the protection of the legal relationship is not a problem; in tort law relationship, for a variety of policy considerations, the different attitudes of various countries: Anglo-American countries have adopted a pragmatic mode of the case analysis method; in Germany represent a conservative management approach; the representative of France is the laissez faire model.The third part is "a purely economic damages China's current situation and build the system." Analysis of the relevant case law that supports the legitimacy of compensation, summarized in the existing legal framework can be solved purely economic loss type, made in China of pure economic loss should be taken to solve the selective compensation and type of attitude. Proposed case-based personal injury, environmental pollution case type, case type, and false statements case-based liability product liability control.
Keywords/Search Tags:pure economic loss, tort law, fault, selective compensation
PDF Full Text Request
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