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Security Obligations. Tort Law Research

Posted on:2008-12-30Degree:MasterType:Thesis
Country:ChinaCandidate:S L WangFull Text:PDF
Abstract/Summary:PDF Full Text Request
The complexity of the safety—ensuring obligation in general sense is attributed to the interaction and penetration of the Tort Law and the Contract Law. The author hold the opinion that it is more rational to confine the safety - ensuring obligation in the tort law field in narrow sense. In combination with the judicial interpretation, discussion and analysis are made to the safety - ensuring obligation in content, basic legal theory, nature, application scope, liability and so on by means of comparative (study) method and demonstration analysis. The author hopes helpful to the further study of it and resolving the existing problems in judicial practice in China.With exception to the foreword and the epilogue (conclusion), this paper is comprised of 5 parts.In the first part, the author studies the theoretical foundation in three aspects and deepens the theoretical and practical significances of this paper.In part II, the nature of the safety—ensuring obligation is studied from the perspective of comparative law. In combination with the viewpoint of some Chinese scholars and the practice of judicial circles, its nature is described as the legal obligation in the tort field with the reasons in three aspects.In part III, the safety - ensuring obligation is discussed from the perspective of comparative law, including similar regulations in some countries such as the transaction safety obligation in German, security liability in France and the care obligation in England and the United States. As the Romano-Germanic Civil Law and the Anglo-American Common Tradition enjoy different historical background and thought modes. Learning their difference is good for our mastering in the same legal issue.In part IV, further analysis is made on the application sphere of the safety - ensuring obligation, including some bodies in the obligation.In part V, analysis is made on the types of liability and the dissertation of supplementary liability for compensation and the relations between it and the unreal joint-liability in accordance with the provisions of Article 6 in Interpretation of Some Problems of Applicable Laws in Connection with Personal Injury Compensation Case issued by The Supreme People' s Court.
Keywords/Search Tags:the safety-ensuring obligation, Legal nature, Application sphere, Principle for liability, Supplementary liability
PDF Full Text Request
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