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Study Of Travel Of The Legal Issues

Posted on:2011-12-26Degree:MasterType:Thesis
Country:ChinaCandidate:N PanFull Text:PDF
GTID:2206360305459103Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Self-tour is that tourists according to their own will, completely independently choose and arrange tours of the civil legal acts. As a new form of tourism, which in order to show personality, close to nature, relax body and mind as the goal, respected by travel enthusiasts. However, due to the lack of relevant laws and regulations, making self-help tourists difficult to safeguard the legitimate rights and interests. This paper uses theory and practice, comparative analysis, systems analysis and other research methods, trying to analyze the concept of self-help tourism, legal characteristics, legal relations, legal liability issues, to explore how to protect the legitimate rights and interests of self-help tourists an effective way to to avoid the occurrence of self-help travel disputes.This paper started from the 5 part of the exposition hinges balance the self-help tour organizers and participants of interests.The first chapter begins by describing the concept of self-help tourism, combined with the academic controversy about the concept of self-help tourism, the legal concept of self-help tourism has defined and then discussed the legal characteristics of self-help and types of tourism.The second chapter discusses the legal relationship self-help tourism. Subjects of legal relations of the self-help tourism qualifications, scope of analysis, focusing on the self-help tourism in the internal legal relationship between the study and to the legal relationship between the self-help tourists, defined as a contractual relationship, defined the rights and obligations of both parties. At the same time, a detailed analysis of the self-help tour organizers and participants of the safety and security relations, safety and security of the organizers clearly the nature of obligations and content. In addition, to clarify the self-help tourists and tourism enterprises, insurance companies, the external legal relationships.Chapterâ…¢, in analyzing the legal relationship self-help tourism, based on further study of the self-help tourism internal legal liability and external legal liability. Nanning "lvyou" case, for example, focuses on self-help tourism in breach of contract and tortious responsibility, and pointed out that the principle of attribution should apply general principles of fault liability; in the way of accountability-based compensation for the loss.Chapterâ…£outlines the current stage of China's practice of self-help tour some of the major legal issuesChapterâ…¤, in the theoretical analysis, based on the existence of our country, the reality of self-help tourism put forward relevant recommendations.
Keywords/Search Tags:Self-Tour, Contract, Tort
PDF Full Text Request
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