On The Civil Liability Of CPV To The Third Party

Certified Public Valuer (CPV) are those people who obtain cpv's certificate and accept request so that to do evaluate and estimate the assets. As professionals, on the third person has a high degree of attention to the obligation to assume the responsibility of the experts, is the formation of this responsibility and the law of misrepresentation caused pure economic loss associated with recognition. It has tort liability and contractual liability that the main theoretical circles about the nature of the CPV's civil liability to a third party. This article holds that nature is a kind of tort liability. The formulation of this kind of responsibility belongs to the factors of themselves or else.CPV's civil liability of third party should reasonably limit the scope of third party. On the scope of the third party, which is directly related to the expansion or narrow of the responsibility for CPV. It involves the balance between the protection of the rights and interests of information users and the extent of liability of CPV. It's an important issue of this problem. This article holds that the "third party" are mainly dependent on their information in the known third party. It should take certain standards to limit a disproportionate share of CPV's responsibility of the experts to avoid "litigation seventeenth person". Practice in the administration of justice, judges often have to take into account a wide range of policy-related factors to determine the scope of CPV's responsibility.Certified Public Valuer of civil liability for third party liability principle applies to the principle of fault liability. This is not only decided by the function of the fault liability is also based on the survival of space assets to assess the interests and career choice . In the burden of proof on the application of the presumption of fault liability in the method of fault. There is a lot of differences in the fault standards between the assessment of community and the legal profession. Assessment of the community thinks that as long as the CPV practice strictly adherence to laws and regulations, as well as the assessment criteria establis, carry out the necessary procedures, adopt the correct approach, even if the assessment report and certificate does not match the actual Certified Public Values are not at fault. The legal profession that there are falsies as long as the assessment report does not match reality, even if they practice the process in strict compliance with laws, regulations and generally accepted evaluation criteria. To resolve this disagreement, it lies to reasonably definite the statue of the assessment report. Economic losses in the scope of liability should distinguish the nature of the CPV's obligation. CPV assume no obligation to burden the victims'mental damages.