The Security Obligations Preliminary

With the fast development of the civil law of our country, the safety-guard obligation attracts wide-ranging attention of the society gradually, especially during the crucial time of the tort law-making. Though the Supreme Court has briefly regulated the obligation in "the interpretation of number of issue for trial of personal injury damages cases on the law application", there still are some theoretical and practical problems in the obligation system. This thesis makes an introduction of the safety-guard obligation of other countries' law and discusses the theoretical foundation, nature, source, and some important problems of the safety-guard obligation in tort law.This thesis firstly makes an introduction of the different names and concepts of the safety-guard obligation to define the object of the research .In the second chapter, in order to find the origin, historical and comparative method has being used to introduce the clause of safety-guard obligation in other countries' law briefly. This kind of method has been applied to the study on the nature of safety-guard obligation. The thesis reviews the law-making of other countries and compares the differences of them to make a conclusion why the nature is so hard to define.The third chapter focuses on the theoretical foundation of the safety-guard obligation. As an active legal obligation of the civil law, there must be theoretical foundation of it. This thesis explores the reason that the obligation plays an important part of the civil law from five aspects: compensation, trust, danger-responsibility, social cost, substantial equality.In the fourth chapter, this thesis discusses the nature of the safety-guard obligation. Is it the obligation of contract or tort law? Compared with the tort law of other countries, this thesis tries to explore the reason that there are so many sayings about the nature of the obligation and clarifies the points of this thesis in regarding to the actual condition of our country. After making clear the nature of the safety-guard obligation, the thesis discuss the origin of the obligation, especially points out that the safety-guard obligation can not be created in the contract.This sixth chapter focuses on some important problems of the safety-guard obligation of...