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Study On Pure Economic Loss

Posted on:2012-12-04Degree:MasterType:Thesis
Country:ChinaCandidate:D T CuiFull Text:PDF
GTID:2216330338956332Subject:Law
Abstract/Summary:PDF Full Text Request
Pure economic loss stems from the economic benefits link between respective subject, which involves the non-benefits in the economy or loss on the money that the victims suffered, and such benefits or losses isn't related to the victims'body or property damages and always show as the economic benefits damaged that the victims can anticipate. In modern society, the frequent occurring of the pure economic loss and the chain reaction which it causes make the compensation be an important problem on the law. When the pure economic loss happens in the non-contract relationships, the compensation problems become much more complicate and involves in many problems, such as:the benefit balance, responsibility control, the function division between tort law and contract law, and the problems between economic benefits and individual freedom. So, pure economic loss is becoming a hot topic in the comparative law field, however, it doesn't receive the sufficient deep attention which it deserves. This theme begins with analysising the essential theories of the economic loss, and classifies the pure economic loss so as to have a deep understanding on the base of practicing and inspecting the comparative law. Then by the comparative inspecting between the common law system and continental law system about the methods that they handle problems, the writer attempts to draw some lessons when it comes to handling similar problems in our country.The whole theme is mainly divided into three parts:preface, text, summery. And the text has three chapters:The first chapter, the essential theories of the pure economic loss. This part analyses and studies the essence, character of the pure economic loss and some influential factors on the compensation, and makes studies and animadverts on these factors. So we can point out the rationality and necessity of compensation during the given situation. The theme discusses the modern classifies and meanings of the pure economic loss, so as to make an understanding on the visualization of pure economic loss come true.The second chapter, the comparative inspect on pure economic loss. This part inspects the legal policies and development of pure economic loss in English, USA, Germany, French. and make some compares on these countries law system.The third chapter, study on the Chinese pure economic loss. This part make some analysis on our pure economic loss in the tort law, study our modern legislation and proposes some advise and ideas on the enact of our coming Civil Code.
Keywords/Search Tags:pure economic loss, tort liability, compensation, control
PDF Full Text Request
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