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Negligence Cause Pure Economic Loss In The Third Person

Posted on:2005-06-14Degree:MasterType:Thesis
Country:ChinaCandidate:Y YangFull Text:PDF
GTID:2206360125951928Subject:Civil and Commercial Law
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Pure economic loss is the popular topic in modem comparative law. The character of invisible, pilosity, chain quality and great - cost lead to the special treating system of pure economic loss. The thesis study pure economic loss to third party through observing the treating system of Anglo-American law system and continental law system.This article divides into four parts:The preface has introduced the research object and research approach of this thesis. The beginning of the article has drawn the conception of the pure economic loss through several concrete cases, and point out that the research range of this article is relational economic loss and the pure economic loss caused by negligent misrepresentation of experts. The author takes the methods of compare, typical and explanation.The first part of this thesis is "the treating model of pure economic loss to third party in Anglo-American law system and continental law system". Through the research of the comparative law, it helps us get overall picture to this question. Anglo-American law Adopts refusing to compensate pure economic loss that fault cause until half of the 20th century. The author analyses Anglo-American law's policies factor of treating model to the third party's pure economic loss, and find the connections of economic development and law in different stages. Following, the study of Germany law make us see the phenomenon that" tort law escape to contract law " .Though Germany law realizes that it necessary to offer helps to the people who offer pure economic loss, Germany's legal thinking mode restrict them, and have to form the theory of contract law that the contract with the function to protect the third party. Afterwards, the author recommends the mode of France. In France, it presents a kind of forgiving nature obviously, that both tort law and contract law provide helps to pure economic loss. But it offers the descriptions of prerequisite too generally, and makes people difficult to hold their main points sometimes.The second part of article is" legal liabilities of third parry's pure economic loss caused by the negligent misrepresentation of experts". In order to avoid repeating, we choose certified accountant's responsibility as the center to of thispart First of all, author studies the range of the third party. From the level of"privity of contract-known third party-foreseeable third party-three factors", we consider the policy factors further . On the basis of distributing the pure economic losses fairly, author present the level of the third party with interest to the harm. Following, author proves the composition that certified accountant bear legal liability to the third party. At last, in the way of relieving, author proposes that improve the suit system to group suit, and implement inversion of burden of proof.The third part of article is "legal liabilities of relational economic loss". This part defines the ranges of relational economic loss at first Afterwards, through the compare of the treating model of Anglo-American law system and continental law system, author proves the rationality that refusing to compensate the relational economic loss. Certainly, the author also introduces the exception: "the transferred loss" and "the known plaintiff', in order to show the question more clearly.
Keywords/Search Tags:pure economic loss, pure economic loss to third party, relational economic loss, Anglo-American law system, continental law system, negligent misrepresentation, certified accountant
PDF Full Text Request
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