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Investigation On The Obligation Of Security

Posted on:2012-08-10Degree:MasterType:Thesis
Country:ChinaCandidate:L SunFull Text:PDF
GTID:2216330371950739Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The "hierarchy of needs" theory is originated by Abraham Maslow, a American psychologist, in his book Theory of Human Motivation (1943). This theory devided human needs into five levels, including physiological needs, safety needs, belonging needs, esteem needs and self-actualization. Safety needs is in a level second only to physiological needs. Safety is a foundational factor for human society. On the one hand, sufficient feeling of safety could promote the development of society; And on the other hand, the development of society and economy also make human safety needs increasing constantly. In the new century, China's total economic output goes on rising in the world ranking. In 2010, China's Gross Domestic Product (GDP) even outstripped Japan's, as the world's second largest economy. With the economic development, the law also was improved constantly, and the legislation about the obligation of security has gradually been developed.This paper aims to promote the comprehension of the obligation of security through tracing its history in foreign countries and studying its fundamental theories, to offer a reference useful for its theoretical research and judicial practice through considering the advances and deficiencies of our legislation.The main body of this article is divided into four chapters analyzing the obligation of security from various points, each of which is given a summary about their contents as follows.CharpterⅠdelineates mainly about the origin of the obligation of security, taking its rudiment in the Roman law as a starting point, the German as a representation of the civil law, the United Kingdom as a representation of the common law.CharpterⅡemphasizes the fundamental theories of the obligation of security, and discourses its relevant legal issues,such as the concept, the legal character, the main contents, the criterion and the jurisprudential bases.CharpterⅢfocuses on the liability arising out of the violation of the obligation of security, elaborating its points needing attention from several aspects, such as imputation principle, constituent elements of liability, exemption excuses, supplemental liability of persons obligated to secure in case of the tort by any third party, coincidence of civil liabilities, etc.CharpterⅣrelates specifically to the current situation of our legislation about the obligation of security, offers some advices in many ways, such as mode of legislation, range of subjects, burden of proof, etc.
Keywords/Search Tags:the obligation of security, the general obligation of security and care, legal character, responsibility undertaking
PDF Full Text Request
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