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Research On The Relief Of Pure Economic Loss

Posted on:2012-04-18Degree:MasterType:Thesis
Country:ChinaCandidate:K WangFull Text:PDF
GTID:2216330338959407Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Pure economic loss is one of the most controversial topics in the comparative civil law. Now there are more and more research on pure economic loss in China.This article mainly tells two major problems:whether it shall be compensated to the pure economic loss lead by negligence and how to compensate it. And it put forword some advices to the settlement of these problems through the comparative research to the relevant legal systems of several countries.The whole article is consisted of five parts.Part one is "The overview of pure economic loss".There is no common acceptable concept about pure economic loss. By analyzing and surnmaring, the author defined it as the economic losses that has nothing to do with the damage of person or property(tangible property and intangible property).Part two is the comparative research on pure economic loss led by negigency. It tells the evolution of the disposition to pure economic loss in some countries. There is a general article in France Torts Law, so pure economic loss can be compensated by Torts Law, at the same time,it offers the descreptions too generally and makes people difficult to hold their main points sometimes. In Germany, its scope of the pure economic loss's protection is relatively limited. But there are other ways for remedy in judicial practice,breaking through the limit of law by explanation, setting up new rights,and by means of contract liability.There is exclusive rule of economic loss traditionally in Britian and the United States.Part three is the analysis about the exclusive rule of economic loss led by negligency. The reason why pure economic loss shall not be compensated include the "Floodgate"theory, the features of pure economic loss, the balance of legal system. But with the development of social, lots of countries have been giving the compensation of pure economic loss in some cases.Part four Elaborates the current legal environment of the pure economic loss in China. At the beginning of the chapter, relative laws and regulations on the pure economic loss of PRC are listed. Then, detailes analysis has been made on the famous cases,which aims to describe the the situation of protection on pure economic loss.Part five is about the thinking of compensation system of pure economic loss led by negligency. Firstly, It claims that our country should perfect the compensation for pure economic loss by types of norms and tort factor,besides the general terms tort liability.Secondly, It determines the judgement standard of the duty of care.Thirdly, the two-stage method of the Common law system and the limit of the liability on the criterion of judgemnet make a reference for the kind of liability for compensation approved in the negligence of the pure economic loss.
Keywords/Search Tags:the Pure Economic loss, the Negligent, the exclusive rule, the Duty of Care, Typiflcation, Causation
PDF Full Text Request
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