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A Comparison Study On Pure Economic Loss Compensation

Posted on:2013-09-25Degree:MasterType:Thesis
Country:ChinaCandidate:Q LuoFull Text:PDF
GTID:2256330401951211Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Pure economic loss refers to losses incurred by those who do not depend on thevictim’s personal injury or material(tangible property)damage. On comparative law, theiris a compensable injury is not compensable damages "filter" out of "filter", which aims toprevent tort liability is too harsh, and behavior in order to protect the freedom and fairness,and efficiency.Pure economic loss is accompanied by a high degree of economic and socialdevelopment, and can even say that it is a complex and interdependent commercial andeconomic interests of modern society "by-product. After the1950s, the major capitalistcountries economy sustained rapid development, resulting in more and more prominentcases of pure economic loss, the concept became popular in the Tort Law of the Twocountries in the1980s. Before China’s reform and opening up due to the many aspects ofthe economic system and technology, social economic and business extremely backward,the concept of pure economic loss in the concept of Law of China’s scholars unfamiliar.Scattered in our legislation are essentially within the provisions of the pure economic lossin legal terms there is no cause for concern. However, with the establishment of marketeconomic system, social relations, enormous opportunities of all kinds may produce pureeconomic loss in large numbers, in fact, the case of pure economic loss have also occurred,the theory of pure economic loss in China highlights the importance, therefore, necessaryto the theory of in-depth study, analysis of China’s legislative and judicial practice, thesolution to the problem in guiding practice, and promote socio-economic and commercialprogress.Pure economic loss is different from the consequential economic loss ofindependence; can be measured in monetary terms, with the economy; the existence ofinvisible, abstract; but its greatest feature is its uncertainty, including the victims of thescope and damage amount uncertainty.On comparative law, pure economic loss will be process in three kinds of processingsystem: the Freestyle system, the practical type system and a conservative system. Theyhave different features, but also have common characteristics, namely, in deciding whethera kind of pure economic loss compensation should consider various factors in order tobalance the free, fair and efficient. Overall, the six most relevant factors need to beconsidered, that is, the damage degree of certainty, the infringement of the interests of "public" level, which allows for compensation for certain types of pure economic loss willlead to additional duty of care, the original defendant whether close contact or specialrelationship between the behavior of the defendant the possibility of dependence,attributable to the degree of the tortfeasor.China’s legislation on the compensation of pure economic loss has taken the Freestylesystem model similar to the mode of the utility system, but the practice of judicial practice.Consider the characteristics of pure economic loss, the status quo in China’s judicialpractice habits, and maintenance needs of the judicial unified theory of pure economic lossin the development of our country under the guidance of the principles in the freestyle totake the type of the method is appropriate. In the type of development process, we shouldpay particular attention to the role of judicial interpretation.
Keywords/Search Tags:pure economic loss, compensation, comparative studies, consideration factor, categorization
PDF Full Text Request
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