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On The Security Obligations Responsibility Causality

Posted on:2014-10-14Degree:MasterType:Thesis
Country:ChinaCandidate:C H YiFull Text:PDF
GTID:2266330401984970Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Tort law of causality is mainly to solve the objective connection between theinfringer’s behavior and damage result,,it is the basis of tort liability. Along with theprogress of the society, more and more people focus on the safety problems, Securityobligations are researched by more and more people. In the security obligations,whether there is a causal relationship is the basis of tort liability to determine the safetyguarantee obligation. On the basis of the theory of causation in this paper, according todifferent situations, the paper analyzes the safety guarantee obligation of whether acausal relationship between behavior and harmful consequences.There are four chapters in this thesis:The first chapter is summary of security obligation. This chapter first analyzes thesecurity obligation of connotation and theoretical basis, and in view of the scholars claimpoint of view, and put forward its own views; And then analyzes the security obligationsof the law, according to the provisions of the law, put forward the problems existing inthe security obligations, which leads to the article on the analysis of the causalrelationship.The second chapter is theories about causality. This part first from the concept ofcause and effect relationship, and then analyses about causality theory abroad, finally forour country’s current situation, analyzes our country should draw lessons from foreignconsiderable causality theory.The third chapter is security obligation responsibility causation analysis. This part,from the perspective of the typical cases, and points out that the security obligationresponsibility causation problems; Then in view of existing problems, and puts forwardtwo kinds of standards, namely direct reasons and quite causality rules.The fourth chapter is the third factors involved in the safety guarantee obligationresponsibility causation cognizance. This part first to the third factor to illustrate thedefinition and classification, then analyzed the third factors on the impact of intervention on causal relationship between two kinds of theory, finally introduced the third factorsintervention will lead to interruption of causal relationship problems.This article mainly from the following two aspects has carried on the innovativeresearch. First, novelty on the topic: the author does not separate research securityobligations or causality theory, but a clever combine both, causal relationship to theobligation of security guarantee responsibility is studied; Second, research train ofthought of innovation: in this paper, using comparison method, pointed out that whichtheory is more adapt to the present situation; And refer cases to the powerful explanationof the related issues.
Keywords/Search Tags:security obligations, causal relationship, quite a causal relationship, the thirdfactor
PDF Full Text Request
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