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On Security Obligations

Posted on:2008-05-24Degree:MasterType:Thesis
Country:ChinaCandidate:F YuFull Text:PDF
GTID:2206360212498744Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Safety is fundament of survival and development of human beings, and also the important mission and value of law. It has been main role of a legal state to endue certain people with duty of care and civil liability in order to prevent public security and personality and property from unlawful infringement. This article compares the legislations and cases of common law system and civil law system and analyzes status of our country. Then this article analyzes the duty of security and its legal nature and the standard of care and the type of liability. In addition, this article brings forward some proposals on improving the legislation of duty of security in China to resolve the existing problems in judicial practice.The expression of"duty of security"cannot be found in the legislation of common law system and civil law system, but they have similar legislation on duty of care. Chapter one introduces and compares duty of care in common law system and in civil law system. Duty of care in common law system is the most important element of negligence. Duty of care in Germany has been improved by the judges, that anyone who produces the danger or maintains the dangerous status has duty to take all necessary and appropriate methods to provide others. France, Japanese and Taiwan also have similar Legislations and cases on duty of security. Duty in our country has similarities with the above mentioned countries and districts, but the dissimilarity is obvious that in our country duty of security isn't fundamental element of tort. Accordingly, other countries theory and experience may not apply to all of our situations.Chapter two based on chapter one, summarizes the legislations and statutes on duty of security in our country and analyzes some important relevant cases.Chapter three defines the concept of duty of security and the situations it applies and its legal nature. Section one defines the concept of duty of security and the situations it applies. Section two analyzes the legal nature of duty of security.Chapter four expatiates how to judge the breach of duty of security and the distribution of liabilities. Section one expatiates how to judge the breach of duty of security. Section two illuminates the type of liability of breaching the duty of security.
Keywords/Search Tags:duty of security, duty of care, supplementary liability
PDF Full Text Request
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