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The Sino-German Comparison Study Of Pure Economic Loss

Posted on:2013-05-24Degree:MasterType:Thesis
Country:ChinaCandidate:C F ZhangFull Text:PDF
GTID:2246330374963418Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Pure economic loss is a harm not causally consequent upon an injury to the person (life, body,health, freedom or other rights to personality) or to property (tangible and intangible assets). Theproblem of whether pure economic loss should or should not be compensated is a legal conundrumthroughout the world. Contract law protects pure economic loss, and many legal systems are veryreluctant to compensate pure economic loss under tort law. This article attempts to analyze theprocessing mechanism of the pure economic loss in German and Taiwan, summarizes characteristicsof the processing mechanism and the policy consideration factor behind these processing mechanism,then carries on the discussion of the construction and the consummation of processing mechanism ofthe pure economic loss of our country, hopes to give my effort into the theory and the system of thepure economic loss in the our country.First of all this paper introduce the typical pure economic loss case to let people have apreliminary understanding of the pure economic loss. Then the definition and classification of pureeconomic loss is also briefly introduced. And other countries and regions use the exclusive rule tosolve the pure economic loss; the exclusive rule has been analyzed and discussed. It will be clear,which elements determine the compensation behind the losses during the definition and classificationof pure economic loss. On basis of that, an observation of pure economic loss is underdone. In orderto find out how it is compensated and controlled in our legal system, which finally leads to solvepractical problems in our society.The next parts of this article focus on the comparison study of German law. The civil law inchina originates from the German civil law. The regulation in Germany law for pure economic lossand the judicial practice in the specific practices can provide reference for us. In Germany the courtstry to by means of expanding the contract law to provide remedies for pure economic loss. In addition,it also reviews and analysis the typical cases of pure economic loss in German. There is a cleardistinction between rights and interests in tort law of German. It forms a distinct three small generalterms. I attempt to analyze the three little general clause of tort law in Germany, to provide a model toimprove the general clause of tort law in china.The third part is focusing on Taiwan. The "civil code" article184which is the general clause oftort law in Taiwan is detailed analysis. And combining with the practice of judicial cases, introducesthe possessing mode of Taiwan for pure economic loss.In brief, this paper also describes the judicial practice of the pure economic loss in our courts.According to some typical cases, analyzes and summarizes our attitude towards the problem of pureeconomic loss, in order to deepen our understanding of the problem of pure economic loss.Considering the existing regulation of pure economic loss, learning from the relief model of pureeconomic loss in Germany, in the field of tort law should limit the liability, to compensate pureeconomic loss under Contract law.
Keywords/Search Tags:pure economic loss, contract liability, tort liability
PDF Full Text Request
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