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Study On The Liability Of Breach Of Security Obligations

Posted on:2016-08-21Degree:MasterType:Thesis
Country:ChinaCandidate:S B TangFull Text:PDF
GTID:2336330482958072Subject:Law
Abstract/Summary:PDF Full Text Request
Famous jurist Hobbes said: "the safety of the people is the supreme law." With the increasingly close of the social communication,the emergence of omission of tort makes the research on the traditional tort law that can't meet people's needs. Such as current people's favorite entertainment tourism projects,when people enjoy the fun of travel may also make their right and interests suffer damage, in order to avoid the damage,that the tourists ask the travel agency to perform reasonable security obligations. Theoretical sources of the security obligations are Germany's security obligations, which means opening or continuing a particular dangerous man, necessary under the circumstances, is looking forward to possible measures to protect against infringement of third party obligations. If the perpetrator is liable to the failure to comply with these obligations, it will result in tort liability.On the basis of the thoretical research of the security obligation system, this paper analyzes the application of the tort liability law thirty-seventh in our country, and puts forward theauthor's viewpoint. This paper is divided into five parts except the introduction..The first part is the introduction of the case, including the facts of the case, the plaintiff's claim, the defendant's defense and the court's decision, and the dispute between the parties in the case sum up the case of the focus of controversy.The second part is based on the research and regulation of the security obligations system, the victim in this case, the two defendant a travel agency and a scenic area in Zhejiang is eligible for the main body of the safety and security obligations, and the two defendants are required to bear the responsibility of damage to the victims and the responsibility of the form.The third part is based on the study of the tort liability act of tort liability, analyze and judge the nature of the victim's behavior in this case,thus determining the defendant's responsibility in the Central Plains.In the fourth part, the author puts forward his own opinion on the basis of the theoretical analysis of the case, and then puts forward some suggestions and opinions on the basis of the case,finally, some suggestions are made on the basis of the case.The fifth part is mainly about the function and significance of the security obligation system to the social development, social activities and so on.
Keywords/Search Tags:Security obligations, Fault, Statutory obligations, Eexemption reasons
PDF Full Text Request
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