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Research On Damage Liability Of Property Service Enterprises In The Case Of Third Party Infringement

Posted on:2018-12-03Degree:MasterType:Thesis
Country:ChinaCandidate:X ZhangFull Text:PDF
Abstract/Summary:PDF Full Text Request
Under the circumstances of being infringed by Third party,it is comparatively complex to find the fact that property service enterprises is in violation of security obligations and ought to bear the liability for damages.In this case,there are both claims of tort and of default on contract requiring the property service enterprises to bear the responsibility.It is precisely because of the diversification of the right to claim that contradiction between logical reasoning of judges' judgments and applicable laws occurs.Even judicial practice is contradictory to claims filed by petitioners.In order to protect interest of victim on large scale,this paper is finished in form of a case study report with the method of analyzing bases of claim from the perspective of judges.This paper is divided into five parts.The first part mainly introduces the case,of which victim claims damages from the property service enterprise on the occasion of being infringed by third party.Method of analyzing basis of claim is chosen.In that way,fix of claim is not only the prerequisite for the court to find basis of claim and proceed the hearing,but also the foundation of the defendant's response.Therefore,in the first part,the author limits the claim firstly.In the second part,after filing claim of tort by the plaintiff,author tries to find the basis of the claim according to three compensation items.The first compensation item is the basis of the plaintiff's own claim for personal injury;the second compensation item is the basis of the claim for the deprivation of the right to life of the plaintiff's daughter,and the third claim is the basis of the claim.The third part is mainly to analyze constitutive requirements of basis of claim for compensation items,including the fact of damage,misconduct,causality,fault.The fourth part mainly analyzes facts of the case and the reasons for the defendant.The fifth part builds deduction proof model based on the facts of the case and major premise.Consequently,personal conclusion and opinion is elucidated compared with the actual trial.The conclusion part reaffirms the advantages of applying method of analyzing the basis of claims to this case.
Keywords/Search Tags:damage liability, tort liability of property service enterprise, mental compensation, basis of claim
PDF Full Text Request
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