Injuring Pacare Right Types Of Research

Abstract:As one of the most important problem of dualism system, Injuring performance is derived from Germany active infringement of creditor’s right. After the evolution of civil law countries, there has been such as Japan, Taiwan, China does not fully benefit system and the mainland of China Civil Law Injury Delivery System. Injuring China Civil Law Theory and Practice of a major issue be solved. Currently, the biggest obstacle to solving the problem Injuring is the traditional theory of liability for breach of civil law and tort liability completely separated, while the same for the Concurrence of remedies can not effectively address the issue of damages Injuring. Therefore, use this type of way of thinking, the scientific basis of the type constructed Injuring, Injuring different types of claims for different relief, the only vested interest of creditors for the damage caused Concurrence; also against the interests of creditors and the inherent interest to fulfill the request for the right to aggregate. The legitimate interests of the victims were made more comprehensive legal protection.Besides the introduction and conclusion, the text is divided into four parts.Part Ⅰ:the concept of Injuring, Components and legal effect. This paper compares the concept of Injuring advocate Injuring is defined as:the debtor’s payment behavior contrary to the thrust of debt, in addition to contractual benefits may result in the loss of creditors, there took place the interests of creditors outside the inherent interest of contract damages. Second, in defining the basis of a detailed analysis of the concept discussed Injuring Four Elements:the debtor has been paid; debtor to perform acts contrary to the debt of nature; created to fulfill the interests of the debtor other than the interests of the damage; debtor fault exists. Finally, the comparative approach taken, the actual fabric of our civil legislation, discusses the legal consequences of Injuring.Part Ⅱ:Injuring the history of evolution theory. Introduced the theory of German origin active against the claims and made sense, Japan and Taiwan, China does not fully benefit theory. Analysis of Injuring the mainland of China Civil Law system disorder in debt to fulfill a specific breach of contract form.Part Ⅲ:This part of the Injuring of traditional theories of relief. First, the introduction and assessment of the competing theories of liability Injuring Three doctrine. Then, the aggregate liability Injuring theory, and aggregation theory and comparison of competing theories. Finally, to determine our civil legislation is adopted on Injuring Concurrence of remedies, I believe that this type of remedies across the board can not effectively address the issue of damages Injuring.Part IV:Problem Solving Approach:Injuring the right type of request. This section is the center of this article. First of all, explains the significance of the type of research methods. Then, the German active against claims and Taiwan do not fully benefit the status of theoretical types of research, and China mainland scholars Injuring types of efforts. Finally, based on the type of Injuring made their own sort, that should apply to different types of Injuring a different claim for relief. Injuring the issue of damages caused by the spirit of that sort Injuring type of scientific basis, given the different Injuring claims, legal rights of victims will be able to get a more comprehensive legal protection, without having to go mental damages into contractual obligations.