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Study On The Compensation Mechanism For Pure Economic Loss

Posted on:2015-06-19Degree:MasterType:Thesis
Country:ChinaCandidate:Y C ZhouFull Text:PDF
GTID:2296330470979688Subject:Economic Law
Abstract/Summary:PDF Full Text Request
In recent years, pure economic loss is one of the hot problems on the comparison of the Civil Law and a common concept with legal and judicial practice in the common law countries. Pure economic loss is not a causal harm consequent upon an injury to the person(life, body, health, freedom or other rights to personality) or to property(tangible and intangible assets).Although it can be considered, and it is difficult to have a strictly legal standards to control the compensation scope and the specific amount. Generally can use the Contract Law regulates the compensation pattern, but the compensation mode has a different approach from country to country on the tort compensation mode.This paper hope that through to combing and analysis of the compensation way of pure economic interests which is the Continental Law System(France, Germany) and the Anglo-American Legal System(Britain, the United States), and based on our country’s present legislation and judicial practice, can regulating the issue of beneficial Suggestions are put forward on the tort liability and contractual liability.The first part is mainly introduced about the basic theory of pure economic loss, characteristics. Firstly, through to ordered and expounded about the basic legal theory of the pure economic loss, and it gives the basis of fully understanding of the concept. Secondly, in the form of case studies to analyzes the characteristics and types of pure economic loss, and combining with the judicial practice in the development of all kinds of legal principles, and exists in the rules of various related policy considerations to comprehensive analysis.The second part, under the investigation and comparative analysis of the basic premise, choose the national legislation and jurisprudence to expound and analyze. About the compensation of pure economic loss can be roughly divided into two kinds of legislative cases, at the same time, in the induction and analysis of national legislation mode and the classic case, the defects that exist in the legislative cases are discussed. Therefore, this research mainly covers the comparative method of pure economic loss. Comparative study of the author choose the object with France, Germany in the first quarter, and Britain, the United States in the second section, and then on the basis of the analysis of policy considerations of two important legal systems in the treatment of pure economic loss. Finally, combining the reality of our country’s legislation and judicial, summary, analysis and concludes that can draw lessons from the method.The third part, firstly comb about pure economic loss in our country’s law and judicial case. Secondly discusses our country’s compensation for pure economic loss model paths, mainly from the expansion of the general clause of tort law and type into a starting point to discuss, supplemented by pure economic loss on coordination and Contract law.
Keywords/Search Tags:pure economic loss, pure economic loss comparison research, tort liability
PDF Full Text Request
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