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The Research On The Problemsarising From The Legal Remedy Of Pure Economic Loss

Posted on:2011-03-14Degree:MasterType:Thesis
Country:ChinaCandidate:S J ZhouFull Text:PDF
GTID:2196330338991827Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Pure economic loss is a popular topic in modem tort law. As pure economic loss occurs frequently and has many uncertainties, victims in many countries can't gain compensations just because these countries worry about the litigation flood and the waste of social resources. But it is obviously not fair, so this issue need to be discussed. In accordance with the traditional civil law, pure economic loss is governed by contact law, but many pure economic loss problems can't be solved, so tort law seems more appropriate to govern pure economic loss. This issue is controversial and no countries have the same method. In China, whether or what kind of pure economic loss should protect need to be explored. This article consists of four parts:The first part is: the outline of pure economic loss. This part analyzed and compared several definitions of pure economic loss, and find out how to realize a loss is pure economic loss. Then this part analyzed the character of pure economic loss and the relationship between pure economic loss and other related concepts.The second part is: pure economic loss on comparative law. This part researched some modes of dealing with pure economic loss in comparative law, special in France, England, America, and Germany.The third part is: the types of pure economic loss and the effective factors. This part analyzed the basic types of pure economic loss and listed some classic types. Besides, this part analyzed whether pure economic loss worth protecting considering of the theory of"flood-gate"and"sequence of human values".The fourth part is: pure economic loss protection in China. This part researched the situation of pure economic loss protection now in China and tried to find out the suitable protection way, especially the tort law-way.
Keywords/Search Tags:pure economic loss, transferred loss, tort liability
PDF Full Text Request
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