Pure Economic Loss Theory Of Legal Remedies

The pure economic loss is a strange topic to both the academic and the judicial domain in china, but in the domain of European comparative law, debate on the pure economic loss is hotly carried on actually. We want to researh on why this issue worth investigation and what we can get from this valuable exploration This article attempts to take the traditional legal methods as the tool to deeply analyse the difficult position of the relief of pure economic loss, and stands at the altitude of formulating the new civil code of china to find the meaning of study and model on this comparison topic.Ⅰ,The legal concept of pure economic lossThe Continental law system is famous of abstract concepts and the logical system, the new abstract concept is not only the beginning but also the ending of a research. First, the author in detail introduces the Typology to substitute concept as a systematization method. The Typology method not only acknowledges that the legal science about the pure economic loss is still pausing at a starting degree. Moreover it has provided the research route as following: experience type - logic type - standard type. Next, with the aid of"European common core project research"the author divides the experience type of pure economic loss into five types: suffering from the destruction of public facility case, the employee case, the professional service personnel neglects duty case, the product responsibility case and rents,insurance,contract shifting case. Third, abbreviating and adapting the realistic case is the only way to the logic type. Basing on the function and the relations, the European scholars classify the logic type of pure economic loss as the coexists loss, the reflecting loss, the third party causing loss, the shift loses, on this foundation, the author "describes" three basic characteristics about these five logical types. Finally, on the foundation of analyzing the practical significance and the academic goal of the relief of the pure economic loss, the concept is described as: "The pure economic loss refers to the victim suffering from other people's violating behavior, But this kind of economic loss is not following the damage to a victim's property or physical body".Ⅱ,The comparative analysis on the relief of pure economic lossThe comparative analysis on the relief of pure economic loss is a hot topic in the area of legal comparative . The elaboration in this chapter is mainly introductory, so as to get close to the difficult position of the relief of pure economic loss on basis of analysis and model. First, take France as the example of liberalism-country, it has a general provision in the Civil Code, this provision dose not deny the relief of pure economic loss beforehand;...