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Research On The Compensation For The Pure Economic Loss In Invalid Wills

Posted on:2013-03-22Degree:MasterType:Thesis
Country:ChinaCandidate:H F ZhangFull Text:PDF
GTID:2246330362475504Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
In China, the concept of Pure Economic Loss are relatively unfamiliar,as a special type ofPure Economic Loss,Pure Economic Loss in Invalid Wills is even more unfamiliar,but it does notmean the phenomenon of Pure Economic Loss in Invalid Wills is also unfamiliar,In fact this typeof Pure Economic Loss in real life there is a lot.Pure Economic Loss in Invalid Wills is differentfrom the general sense of Pure Economic Loss,Thus the question of compensation should also bedifferent from the general sense of Pure Economic Loss.This paper discusses the basic theory ofPure Economic Loss in Invalid Wills,then study abroad protection model of Pure Economic Lossin Invalid Wills,and then on the basis of the analysis of the status of Chinese law to discuss ourprotection model,and analysis of the findings can be expected have some effect in solution ofpractical problems in China.In addition to Introduction and Conclusion outside, This paper is constituted by four parts, themain contents are summarized as follows:Section1as the theoretical groundwork for pure economic loss in invalid.Introduces theconcept and characteristics of pure economic loss,and then analyzes the type of Pure EconomicLoss.Then explain the meaning and characteristics of pure economic loss in invalid wills.Section2main analyzes the obstacles to achieve the compensation of Pure Economic Loss inInvalid Wills, as well as its reasonable compensation from the legal theoretical.The main obstaclesto achieve the compensation from the conflict of traditional theory of value in Legal Philosophyand the dilemma of keep the balance between protection of rights and freedom ofmovement.However,Pure Economic Loss in Invalid Wills because of its own particularity, itscompensation are reasonable.Rationality mainly as:certainty of responsibility and scope;theproximate cause of the actors and the victims;avoidable of loss;the need for negates actor’sbehavior.Section3focuses on compensation model of pure economic loss in invaild wills in foreigncountries.Mainly in the perspective of comparative among the United Kingdom, United States,Germany and the French law on compensation model. Section4discuss compensation for pure economic loss of building in our law. First, analyzesthe compensation model of choice, in current legal system,we should choose the model of tortliability.then mainly discusses from two aspects:the constituent elements and range ofcompensation.In the mode of tort liability, pure economic loss in invaild wills should using the fourelements theory, and adopt the principle of full compensation for direct losses to determine thescope of compensation.
Keywords/Search Tags:Invalid Wills, Pure Economic Loss, Compensation, Tort Liability
PDF Full Text Request
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