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Identification And Calculation Of Indirect Property Losses In The Perspective Of Tort Law

Posted on:2019-01-06Degree:MasterType:Thesis
Country:ChinaCandidate:Z Z LiFull Text:PDF
GTID:2416330545463966Subject:Law
Abstract/Summary:PDF Full Text Request
Compared with direct losses,indirect losses are futuristic and predictable.Scholars in various countries identify indirect losses according to different classification criteria from different perspectives such as causality? the object of infringement? whether the infringement directly points to the object of infringement,etc.In our country's tort theory that direct loss is the loss of their vested interests.If the victims are not violated,they will be able to get benefits.As a part of the victim's loss,indirect loss is actually compensable,even though its objective proof,determination of value,division of compensation scope,and complexity of calculation method cause difficulties in relief.At the same time,it is also a loss that the offender should compensate.The relevant laws in our country have been relatively conservative in their attitude towards the relief of indirect losses,only paying more attention to the relief that can be quantified.Therefore,the principle of comprehensive compensation in theory has not been really implemented in our country.This kind of incomplete relief has certain defects in itself,and is generally the ultimate cost of sacrificing the rights and interests of the victims.In reality,indirect losses can only be compensated if they are recognized as part of the " total losses",but the prerequisite is that this possibility can occur.Regarding the determination of indirect losses,the specific amount of compensation for losses should be calculated according to different external manifestations and classifications under the principles of causality,single level and predictability.
Keywords/Search Tags:Damages compensation, Causal relationship, the principle of Special relationship, methods of calculation
PDF Full Text Request
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