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On The Constitution And Compensation Scope Of The Third Party's Liability

Posted on:2019-05-15Degree:MasterType:Thesis
Country:ChinaCandidate:J Y ZhengFull Text:PDF
GTID:2416330596451811Subject:legal
Abstract/Summary:PDF Full Text Request
Expert liability system can be divided into expert responsibility to the trustee and expert responsibility to the third person.When the expert in the process of practicing due to fault causes the trustor's interests to be damaged,the trustor can appeal to the expert based on the contractual contract between the two parties,or according to the relevant provisions of the “Tort Law” safeguard its own interests.The above solutions have clear legal basis in our country and there is no disputes on it.However,on the contrary,there has been great controversy among experts on the theory and application of the third party liability system.In this system,issues concerning the boundaries of third parties,the preconditions for experts to assume compensation liability,and the range of compensation amounts have plagued the field of academia and judicial practice.This article hopes to resolve the theoretical differences in the relevant issues by studying the composition of the third party's responsibility and the scope of compensation.This article consists of four parts.The first part is based on the current legislation and related classic cases to explore the issue of the nature,composition,scope of obligations,scope of compensation,etc.of experts' responsibility for third parties.It also compares and explores the different specialized laws governing specific industries for experts' responsibility to third parties.Is there a difference in regulations?The second part explains the nature of experts' responsibilities to third parties and the constitution of experts' responsibilities to third parties,and further clarifies the main elements and faults of expert responsibilities.The third part analyzes the scope of compensation for the third party's liability by the expert.First,it studies the relationship between expert's third party liability damage results and pure economic losses,and then divides the compensation scope into the scope of claim right subject's scope and compensation amount range,and studies them separately.Analyze the exemption and determine whether the professional needs to take responsibility in several special situations.The fourth part is an epilogue.The full text is collated and conclusions are drawn.
Keywords/Search Tags:The responsibility of the expert, the third person, the trust interest, the restriction
PDF Full Text Request
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