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Tort For Pure Economic Loss Study

Posted on:2008-11-15Degree:MasterType:Thesis
Country:ChinaCandidate:H L PengFull Text:PDF
GTID:2206360215973149Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Pure economic loss is the popular topic in modem comparative law. Different countries have special treating systems of pure economic loss. The thesis studies how to relieve pure economic loss in tort law when both parties have no contract. Through observing the treating system of Anglo-American law system and continental law system, the author hope this is good for the same situation in China.This article divides into three parts:The first part of this thesis introduces the conception of pure economic loss through several concrete cases, the characters and sorts of the pure economic loss. Then, it distinguishes pure economic loss from similar conceptions.The second part of article is the treating models of pure economic loss in comparative law, special in England, France, and Germany. Anglo-American law adopts refusing to comte pure economic loss until half of the 20th century. In France, it presents a kind of forgiving nature obviously, the tort law provides helps to pure economic loss. But it offers the descriptions of prerequisite too generally, and makes people difficult to hold their main points sometimes. Following, though Germany law realires that it necessary to offer helps to the people who suffer 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 pure economic loss. Afterwards, the author analyses policy consideration factors of treating models of pure economic loss, such as the theory of flood-gate and so on. These policies consideration factors fundamentally are restricting judges whether to provide relief to the pure economic loss. Through the research of the comparative law, it helps us get overall picture to this question. Similarly also is factor when we build the processing mechanism of the pure economic loss which we must consider.The third part of this thesis carries on the analysis to our country current pure economic loss processing mechanism, and our country current pure economic loss processing mechanism has two major characteristics. First, the current our country pure economic loss processing mechanism looks like France's broad processing pattem, the judicature, the theory and so on causes the actual processing mechanism to follow the Germany -like processing mechanism. Next, because the legislation, the judicature and the theory are inconsistent, the pure economic loss processing mechanism of our country appears all sorts of contradictions. So the author thought that we must carry on the treating model of Germany. Specifically says, we should consummate type system of act of law of our country, in addition to the general act of tort. Builds the article that bans intentionally doing harm to the others and article that bans violating the law that is to protect the others. The protection scope of the general act of tort is restricted in the absolute fight, only intentionally doing harm to the others by methods that are backing the good custom and violating the law that is to protect the others, the victim can obtains the coition for the pure economic loss he suffered.
Keywords/Search Tags:pure economic loss, relational economic loss, transferred economic loss, policy consideration factor
PDF Full Text Request
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