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Compensation System Of Time Waste In Responsibility For Breach Of Tourism Contract

Posted on:2019-09-01Degree:MasterType:Thesis
Country:ChinaCandidate:J PeiFull Text:PDF
GTID:2416330575472980Subject:legal
Abstract/Summary:PDF Full Text Request
Tourism has become the growth point of the national economy under the new normal.The particularity of the tourism industry determines the importance of time in the travel contract.However,the waste of time in tourism is not uncommon.The biggest feature of scientific research is "conceptualization."If we do not "conceptualize,"we can hardly make contributions in theory and practice.This paper takes the issue of time waste in China's tourism disputes as the logical starting point for research.Taking legal theory,legislation and judicial practice in other countries and regions as the guide,this paper proposes that China establishes a time-wasting compensation system in the liability for breach of contract in tourism contracts,and finds a way out for the existing difficulties in judicial practice.The time-wasting damage compensation in the travel contract is not the same as the compensation for mental damages,but it is also the compensation for non-property damages.In the case of breach of contract,rights can be asserted,which can break through the obstacles caused by the separation of tort liability and breach of contract liability to the travel contract,compensate for the lack of property damage system,and fully protect the legitimate interests of tourists.Based on the two typical cases in practice,this paper analyzes the necessity of establishing this system in China and its feasibility in judicial practice,and proposes to use the expansion explanation to resolve the current legislative dilemma.The healthy development of tourism is inseparable from the improvement of relevant supporting legal systems,and the problem of wasted time needs to be solved.Therefore,the research on this issue is necessary and urgent.
Keywords/Search Tags:Tourism contract, Tourism service provider, Compensation system of time waste
PDF Full Text Request
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