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A Study On The Pure Economic Loss

Posted on:2015-10-26Degree:MasterType:Thesis
Country:ChinaCandidate:X B LiuFull Text:PDF
GTID:2296330428499247Subject:Law
Abstract/Summary:PDF Full Text Request
Pure economic loss is a concept in the history of comparative law, with thecontinuous development of the market economy gradually aroused people’s concern, incontinental law system and common law countries have a more in-depth research. Becauseour country market economy started late, development is not perfect, the currentdomestic academic research on this problem is still in its infancy. This article intends todraw lessons from to influence of German law in our country, in the German model forreference, based on designing, discusses our country law of pure economic loss withinthe framework of protected mode.This article is divided into six parts. The first part is about the overview of pureeconomic loss, mainly from its definition, characteristics, and illustrates the types fromthree aspects, further clarifying the connotation and extension of the concept of pureeconomic loss, thus to define pure economic loss. The second part mainly introduces theGerman tort law, the general relief and special measures of using two aspects of content,through to the German mode research on pure economic loss relief, for our country forpure economic loss relief provide valuable reference. The third part firstly combed thecurrent commenting on pure economic loss protection of legal norms,then lists the typicalcases in judicial practice, to the protection of our country at present about the problemwith a general understanding. The fourth part mainly discusses the theoretical basis of pureeconomic loss protection, namely on the premise of rights and interests protection, theconcrete and from Germany to distinguish the theory and method on the rights andinterests of our country to protect pure economic loss by "interest", the feasibility of twoaspects. Set the fifth part is discussed in our country was introduced and analyzed in thispaper for the pure economic loss narrowed the protection factor, in order to realizeprotection of pure economic loss in commenting on both human behavior at the same time the double values of freedom. The sixth was divided into the last part of the article, in theprevious paper on the basis of Suggestions dealing with pure economic loss in ourcountry, in order to protected mode on four levels of building implementation in ourcountry for the purpose of the narrowed the protect pure economic loss.
Keywords/Search Tags:pure economic loss, Tort liability law, general provision, limit protection
PDF Full Text Request
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