Font Size: a A A

Discussion On Legal Remedies Of Pure Economic Loss

Posted on:2012-12-23Degree:MasterType:Thesis
Country:ChinaCandidate:F ChenFull Text:PDF
GTID:2216330338451492Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The most important task of tort law is to make it clear that what interests are protected, and to which extent those interests are protected. The implementation of 2010 "Tort Liability Act" provides "civil rights" as its object of protection. Theoretically speaking, the "civil rights" includes the purely economic interests. But whether the "Tort Liability Act" protects purely economic interests and whether the protecting degree of these interests in "Tort Liability Act" has reached the absolute level of protection remain unknown. These questions may cause the problems in the judicial practice. According to the rule of interpretation, we can interpret that the law is supposed to protect all the civil rights and has provided the same level of protection. But it will result in the problems of the expansion in the tort liability, and it is not conducive to the protection of the rights of the people.In this regard, the paper begins with the case for the compensation of pure economic loss to investigate the attitude of the courts in such cases and the judicial practice of "Tort Liability Act," Article 2,6,7. So we can find out the difficulties in the judicial application and introduce the different view in the academia to extract the themes:whether the purely economic interests are protected by the "Tort Liability Act" and to what degree it protects. And from the perspectives of the legal policy, particular legislation, comparative law, the new law of succession of the old law, legal interpretation to analyze the scope of "Tort Liability Act". Thus, reach the final conclusion that the Act 6 (1) of "Tort Liability Act" should be interpreted from the objective purpose following the path of German law model. As regards to such specific norm as the presumption of fault liability, no fault liability, the responsibility of each specific norms fair, the vast majority of the protection scope should be restricted to the absolute right, even the specific absolute right. Finally, when interpreting the Article 2,6,7 of the "Tort Liability Act" and other provisions, the systematic arrangements and appropriate classification for the legislation of pure economic loss in the special legislation are proposed. It is also suggested that it should be made clear whether the law provide the relief for it or not and make certain adjustment to the general stipulation of pure economic interests to guide the judicial practices.
Keywords/Search Tags:Tort Liability Law, pure economic loss, rights and interests in private law, interpreted the purpose and objective
PDF Full Text Request
Related items