Font Size: a A A

Research On Compensation Rules Of Pure Economic Loss

Posted on:2021-05-26Degree:MasterType:Thesis
Country:ChinaCandidate:R X YangFull Text:PDF
GTID:2416330611464919Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
There is no universal definition of pure economic loss,but there is a common understanding of its core meaning,that is,it simply refers to the direct reduction of abstract property such as money,bank savings or virtual savings in the abstract concept.Although the value of these abstract properties is reduced due to specific infringement,their existence is independent,not subject to the damage of the legitimate rights of the same subject.Different legal systems have different attitudes towards pure economic loss,and the positions of different countries and regions have not been unified.But generally speaking,the determination of the standard of legal causality is the decisive factor in the judgment of pure economic loss.Although in the common law system and German law,the main criteria for determining the establishment of legal causality are not the same,but there are similar focuses,that is,the determination of "predictability" rule and the confirmation of "duty of care".In addition,the specific relationship between the subject suffering pure economic loss and the infringed also has a certain impact on the judgment of compensation.But the doubt of "litigation gate",which has been widely cited,should not be the reason for denying compensation for economic losses.On the interpretation of the protection scope of the relevant laws of tort in China is of decisive significance for determining the basis of pure economic loss compensation in China.However,in order to provide effective protection for pure economic loss,it is necessary to make detailed provisions on it.The specific legislative mode can be referred to as "general concept + general provisions of each type + specific provisions under each type".
Keywords/Search Tags:pure economic loss, compensation for damages, legal causality, application of law
PDF Full Text Request
Related items