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Cpv Civil Liability Study

Posted on:2009-10-26Degree:MasterType:Thesis
Country:ChinaCandidate:X F ZhangFull Text:PDF
GTID:2206360272489109Subject:Law
Abstract/Summary:PDF Full Text Request
With the rapid development in recent twenty years in China, assets appraisal industry has taken the important role in the various fields of market economy. At the same time, demanding from the society for this industry is increasing along with its expanding and continuously enhancement of the legal consciousness from the public. Risk of appraisal firm and certified public valuer becomes critical given the increasing dispute cases regarding the assessment and civil action. It has drawn the whole society's attention to define the civil responsibility of both assets appraiser firm and certified public valuer and protect the related parties' interest. At present, regulations related to the responsibility of assets appraisal in Chinese Law are less and they are often referring to the appraisal behavior of state own assets, which may be possibly found in Criminal Law, Company Law, Security Law and other implementation guidelines. All of the available information cannot provide us with the clear definition of the civil responsibility of assets appraiser. Furthermore, professional research of this topic is minor currently. Therefore, it brings us the practical and valuable justification to further study and research, so that we are able to provide more practical solutions like reasonable definition, protect interest, and adjust legal relationship to ensure the standardization and continuously development of assets appraiser.From legal's point of view, Author attempts to elaborate the Civil Responsibility of Assets Appraiser aspects with starting from the definition of civil responsibility of assets appraiser firm and certified public valuer, adopting of the research method to combine the pattern research with comparison.The article is consisting of introduction and 7 chapters. Chapter 1 states the function of assets appraisal, and provides the analysis of Civil Responsibility of Assets Appraiser. Chapter 2 addresses the liability for breach of contract of assets appraiser. Chapter 3 discusses the infringement liability of assets appraiser. According to the different objects, the liability can be divided into client and 3rd parties. This chapter focuses on the analysis of 3rd parties' with the elaboration of concept, scope, principle, formation and exempt content. Chapter 4 addresses assets appraiser to be responsible for civil liability. Detail analysis on assets appraiser's fault , that standard , and compensation entity, types, scope, responsibility, etc. Chapter 5 states the Legal ststus of assets appraisal , and gives the suggestions to improve the Civil Responsibility of Assets Appraiser.
Keywords/Search Tags:assets appraiser, civil liability, the nature of responsibility, principles of imputation, constitutive requirements
PDF Full Text Request
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