Study On Stylizing And Liability Construction On Debt Right Violation

The construction of tort liability is a system of factors. And in the circumstance which the special torts were classified, every special tort has its own construction factor system. The general clause should have been used to transfer the fact of the case to attain a suitable judgment, but confronting the much different concrete tort types, the general clause shows up its powerless just for the general. At this time, stylizing may be a possible resolution.This paper is composed by4parts besides the conclusion.Part1studies the present situation of the debt right and the starting point of this paper and elaborates the meaning based on the question sense. Nowadays, the study of china regarding this problem limits to the particular and regarding the particular limits to "know and intentional". But according to the related cases, the particular of the debt right absolutely can not be included of the "know and intentional"Part2sums up the claim foundation, concrete types, the liability construction factor and the main difference between the debt right violation and others. At the end of this part is the arrangement of the abovementioned stylizing. The core point of this part is the basis of stylizing and the consulting meaning to us.Part3sums up the concrete types of this paper. The debt right appears its mystery for the special object. Although the academics in China have been aware of its particularity compared with the absolute rights, regarding the problem that what is the particularity and as to the particularity, how to provide a liability construction method to guide the judgment, there are few studies. The current studies mostly limit to the special element of "know and intentional" required other than the normal element based on the relative of debt right. Bur in fact, such methods can not resolute this problem effectively.Part4inquires into the factors to be considered of the types. The right-belong damage has its own particularity compared with the inducement of breach and delivery damage, the nature of right-belong damage is similar to the absolute right damage, causing that the liability construction of right-belong damage is not close to the other two debt right damage but to the property right damage. The construction factors under the circumstance of inducement of breach include the subjective flaws of the injurer regarding the damage, the reasonable dispose of the recourse under the circumstance of free-competition, the unlawfully objective of the damage and the possibility for the victim to seek other remedies. The construction factors under the circumstance of delivery damage include whether the damage directing to certain people through person or property, he subjective flaws of the injurer regarding the damage, the unlawfully objective of the damage and the possibility for the victim to seek other remedies.The conclusion reviews and summaries the whole contents of this paper.