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Study Of Tort Liability For Pure Economic Loss

Posted on:2009-10-04Degree:MasterType:Thesis
Country:ChinaCandidate:X R WangFull Text:PDF
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The pure economic loss is a new type of problem which has developed since 1960's in modern civil law, which has been studied early overseas though, is very unfamiliar in our country. The traditional civil obligation system is composed of contract obligation and tort obligation, according to the traditional theory of civil law, pure economic loss should be regulated in the contract law, the defendant commonly assumes contract obligation. In fact, because of the finity of the regulation of the contract law, it is not very suit for contract law to regulate this kind of loss and it is prone to put pure economic loss under the tort law. the pure economic loss has taken a big challenge to traditional civil obligation system because of the particularity of it's bestriding contract domain and tort domain, it also becomes very important because of "bestriding of the private law".It has been admitted that the pure economic loss is compensatory in contract law, so in the text, we mostly study and analyze the pure economic loss in tort law. The issue of the compensation for pure economic loss is a new and difficult problem in tort law, on one hand, it occurs frequently and abundantly in daily life, even can bring chain results under some circumstance, so we must design a reasonable system to protect the numerous victims, on the other hand, the chain results are frequently so intense, basing on the worry for "litigation flooding", we must restrict and confine the compensation in order to avoid the infinite spread of litigation. But because of the pure economic loss has very abundance of categories, there hasn't been a standard to solve this problem. We need to use for reference the other countries theory and practice experiences to categorize the pure economic loss. We can look for different ways for different categories after considering the policy factors and technical tools behind each category.The article takes some rational advices for the law development of our country on the basis of the scientific grasp of the definition and the characteristics of the pure economic loss, and the comparison of the theoretical development and the judicial practice of the pure economic loss among England, American, Germany, and French., and the analytical comparison for the solutions to some relational problems in our country. This article can be divided into three segments, that is foreword, main text, and conclusion. And the main text mainly includes four chapters.In chapter one "basic theory", mainly discusses the concept, category, and the principle of compensation of the damage in the traditional civil law, the concept, characteristics and category of pure economic loss and the developing process of pure economic loss in the field of tort.In chapter two, studying and inspecting the development of legal systems and policies of United States and Britain on the compensation for pure economic loss, analyzing the policy consideration factor behind the judicial practice in United States and Britain and comparing the attitude of each country.In chapter three, studying and inspecting the development of legal systems and policies of Germany and France and comparing the attitude of each country.In chapter four, analyzing the pure economic loss in the tort law of our country, firstly analyzing the laws actuality on pure economic loss of our country, secondly putting forward advices and assumptions on establishing the pure economic loss theory in our future civil code.
Keywords/Search Tags:pure economic law, exclusionary rule, the tort of negligence, the duty of care, the policy consideration factor
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