Font Size: a A A

A Study On Compensation For Pure Economic Loss

Posted on:2016-06-14Degree:MasterType:Thesis
Country:ChinaCandidate:Y L FanFull Text:PDF
GTID:2206330461498876Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
As a special kind of loss, Pure economic loss is just caused by the behavior of the offender, and has nothing to do with the victim’s personal and property damage. Therefore, It is difficult to identify the loss and compensate for it according to the principle of general. In the judicial practice, the loss is usually ignored and can’t get enough protection. The compensation of Pure economic loss has been a hot issue overseas, but the countries can’t reach an agreement. Although the study of this issue in our country is in the initial stage, there have been a large amount of cases of Pure economic loss. In order to protect victims, and control the responsibility of the offender in reasonable scope at the same time, we need to design a reasonable system. The author will put forward some suggestions through the study of foreign theory and the reality of our country.This article consist of five parts:The first part introduces the basic theories of Pure economic loss. In the first place it’s the demarcation of the concept. Then on this basis, there is the categorization of the loss which contributes to the materialization.The second part is about the comparative study of Pure economic loss. Through introducing the practice of foreign countries and analyzing their backgrounds of creation, application conditions, advantages and disadvantages, we can find some enlightenments to our practice.The third part is the analyzation and comment of the consideration factors which affect the compensation to the loss. Through the analyzation of these factors, we can preferably hold the situations and scopes of Pure economic loss which can be compensated.The fourth part is about the analyzation of the system of the compensation of Pure economic loss at this stage in our country, on this basis, we can find some problems in our country.The fifth part is about the build of the system of Pure economic loss, this part is based on the fourth part, and offer proposals direct at the problems. The concrete proposals are determining the protection trail, making a general rules about the overall problem and providing specific and feasible guides.
Keywords/Search Tags:Pure economic loss, comparative analysis, categorization
PDF Full Text Request
Related items