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The Research On Compensation For House Devaluation Caused By Committing Suicide

Posted on:2021-01-14Degree:MasterType:Thesis
Country:ChinaCandidate:Y F LiFull Text:PDF
GTID:2416330611964919Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
In view of China's special custom,it is common that people have disgust or horror about a house that have experienced abnormal death,which has caused the problem of compensation for "haunted house" devaluation.At present,there is no consensus in the theoretical and practical circles as to whether and how to compensate for the "haunted house" devaluation.Based on the fact that the law is incomplete and judicial decisions are not uniform,this paper will use practical cases as the starting point,starting from the integration of trial results of various courts,summarizing the differences on the "haunted house" devaluation cases,analyzing the underlying causes of the differences,and proposing a calculation method for the "haunted house" depreciation.This paper is divided into five parts:Chapter one is the introduction.Describe the research background,significance,scope,object and research status.At present,China has no clear legal regulation on the compensation for the "haunted house" devaluation,so the homeowners' interests are likely to be violated but cannot be remedied.Through further research on this issue,this paper will reveal the legal and social value of the research content.Chapter two is an overview of the issues.By analysing and summarizing 32 judicial judgments to sort out the reasons for supporting and opposing compensation for the "haunted house" devaluation in mainland China.At the same time,combine the typical "haunted house" devaluation cases in Taiwan China,refine the controversial issues in the compensation for the "haunted house" devaluation.By breaking through the controversial issues one by one,demonstrate the compensability and the rationality of the "haunted house" devaluation.Chapter three is about the establishment of liability for damages.According to different claims,the issues of compensation for the "haunted house" devaluation may result in tort liability or contractual liability.In terms of the former,according to whether the " haunted house" devaluation is the damage of ownership or pure economic loss,it can be further divided into liability for general negligence and liability for intentional damage in violation of good customs.Chapter four is the specific ways to achieve compensation.It mainly includes three aspects: clarifying the legal definition of "haunted house",regulating the appraisal agency and the evaluation procedures,establishing a scientific calculation model of the "haunted house" devaluation.The last part is the conclusion.It mainly summarizes the content of the full paper and expresses the author's prospects for the establishment of China's damages system.
Keywords/Search Tags:the haunted house, devaluation, damages, tort liability, contractual liability
PDF Full Text Request
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