Font Size: a A A

Restrictive Damages Study

Posted on:2011-11-07Degree:MasterType:Thesis
Country:ChinaCandidate:Y SunFull Text:PDF
GTID:2206360305473295Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Restrictive liability for damages means liability for damages were only undertaken within a certain amount of money for compensation in civil liability for damages in accordance with the law.Restrictive liability for damages is both old and new research topic. I say it is old because as early as more than a thousand years ago, it has entered our lives, and it is new because in the past 1000 years, it has being updated and expanded all the time, while at present the unified study on the different types of restrictive liability for damages that is an innovative study angel, is relatively less. This is the introduction of this article to understand some of the background elements.Chapter I is about Introduction to restrictive liability for damages. That the concept and characteristics of limiting liability for damages, and a comparison with the similar concept are described in detail in this chapter is to define what is the object of study discussed in this article, and then to build a platform for this study.Chapter II describes the status quo for the restrictive liability for damages on the basis of the first chapter. It search for the different types of restrictive liability for damages in the historical development from limitation of liability for maritime claims,the carrier's limitation of liability,limitation of liability for ships oil pollution damage,the port operator limitation of liability in the Maritime Law, to airlines limit liability for damages, rail transport limitation of liability for damages,postal Transport limitation of liability for damages,limitation of liability for nuclear damage,state limitation of liability for damages out of the Maritime Law. This demonstrates the development of thriving and complex trajectory of the restrictive liability for damagesChapter III discusses the ontology of the restrictive liability for damages on the basis of the second chapter.This section analyzes the basic law of the restrictive liability for damages,which include composition, properties, classification and restrictive methods of the restrictive liability for damages. This is also one of the initial results of this study.Chapter IV talks about functions and values of the restrictive liability for damages. The existence of restrictive liability for damages is to have significant social functions and values.But it Is not omnipotent system, Because it also has shortcomings. Therefore, how to overcome the deficiencies of the system is more important.In conclusion, the author of the article of this theory made a brief summary on the entire article, and a few points about the future legislation on limiting liability for damages.Although the full text is more than 40000 words, but because of complexity of the problem, limited information and the limited research capacity, it is empty and shallow,which need correction and criticism of scholars, as well as my own efforts in the future.
Keywords/Search Tags:restrictive liability for damages, compensation, restriction, the maximum amount of compensation, public interest
PDF Full Text Request
Related items