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The Customer Service Facility Operator's Liability Of Receptum In Roman Law

Posted on:2018-03-24Degree:MasterType:Thesis
Country:ChinaCandidate:X L GuoFull Text:PDF
GTID:2346330515952600Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The customer service facility operator's liability of receptum in Roman law refers to the operator's the liability that ensure the passenger's property safety.It derived from one edictum which was issued by pretor in the 2nd century BC.So many jurists enriched it.It was not only recorded in Corpus Juris Civilis but received by morden countries.Firstly,this paper analyzes the concept of the liability of receptum according to the regulations in substantive law and procedural law.Secondly,this paper discusses the doctrine of liability fixation in the liability of receptum.The first point is to analyze the entry and exit to the liability of receptum,which is about the premise of strict liability.The second point is to make a thorough inquiry its particularity and the meaning of the fault.Thirdly,this paper focuses on the method behind the liability of receptum.In order to protect the passengers,the pretor and jurists use it to keep the rights and obligations balance and to punish the operators who collude with the theft.Finally,this paper researches the liability of receptum in China in the perspective of safety responsibility.When the situation became more complicated,the judicial adjudication suffered adverse effects because of the vague fault standards.Studying the liability of receptum in Roman law is beneficial to the judicial adjudication in China,especially when it comes to the protection of passengers and the doctrine of liability fixation.
Keywords/Search Tags:liability of receptum, Roman law, doctrine of liability fixation
PDF Full Text Request
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