Violation Of Security Obligation To Case Study Analysis

As the financial and social development of our country, the legal relation in everyday life is becoming more and more complicated. Administrators of hotels、 shopping malls、banks or other kind of public places and the organizers of mass activities don’t fulfill their security obligations well, which increase the number of damage disputes. On Dec.26th,2009, Tort Liability Law of the People’s’Republic of China came on, which filled in leaks in Tort Law rules by providing security obligations of administrators and unifying the application of law. As the legislation of our country becoming perfect, the cases of security obligation kind are increasing in judicial adjudication. This new development results in new problems, the general problems of which are to choose the doctrines of liability fixation when breach of security obligation occurs and to assure the reasonable limitation of security obligation. As the number of this kind of cases in civil cases of courts’practice becoming larger and larger, and causing much more attention, in practice, the courts tend to protect the interests of customers but ignore the interests of marketing managers. This dissertation is about to discuss the theoretical origin、nature and doctrines of liability fixation of security obligation. And then, the dissertation pays its attention to the limitation of security obligation. The dissertation also provides the certification for security obligation breaching.