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Analysis Of The Security Obligations Of The Legal System

Posted on:2011-11-06Degree:MasterType:Thesis
Country:ChinaCandidate:Y T YuFull Text:PDF
GTID:2206360308971676Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
As a thing which has been established no more than ten years, the safety-ground duty was really new in our country. It is established for the need of society. The need comes from the society want to control the dangerous which caused by human behavior. The safety-ground duty is also Security is also a reflection of civil law obligation of good faith principles in today's society life. As a thing which has been established no more than ten years, the system of the safety-ground duty has not been built well; judges make their judges based on their understanding of the safety-ground duty and caused many problems when it was put into practice.The duty of care in General civil law country especially France and Germany gives us many suggestions in how to establish the system of the safety-ground duty. Generally speaking, civil law system is focus on abstraction but common law system is focus on concrete. The law about Security Duty in Common Law country also reflect in our law. Critically absorbing the two legal systems in a similar will promote the developing of the safety-ground duty.Before the Personal injury compensation in the prior judicial interpretation issued, the Clause about the safety-ground duty was dispersion in some laws and without System regulation. Into the twenty-first century, China began a Civil code works. In this background, As an important part of tort law, the safety-ground duty was contained in many scholars proposed draft. After the end of the property law, tort liability law becomes an important part of present research. Many scholars present their opinion about this things.This paper was based in Basic Theory of safety-ground duty, analysis the social basis of safety-ground duty. The paper compares the rule of with the law of safety-ground duty with the rule of civil law country, common law country and try to find out solution of the problem in our law. Make a useful study of the safety-ground duty...
Keywords/Search Tags:Nonfeasance tort, The general duty of care, Security Duty, Typed safety-ground duty
PDF Full Text Request
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