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Research On The Compensability Of Reflective Pure Economic Loss

Posted on:2021-02-01Degree:MasterType:Thesis
Country:ChinaCandidate:B H LiuFull Text:PDF
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Relational pure economic loss,one type of the pure economic loss,is a special type of loss that occurs with the continuous development of modern social and economic life,which means that the behavior of the actor causes the third party to suffer physical property or personal damage and then causes the victim to suffer purely economic disinterest that is not related to their own physical damage.As a hot academic issue in recent years,the relational pure economic loss caused by negligence is only regarded as a loss type of refusing to pay in tort law from the beginning.Now with the frequent occurrence of such loss cases,more and more countries tend to provide more possibilities for reasonable compensation.Based on the limitation of relief in contract law,it will inevitably lead to unreasonable results in specific cases if the principle of non-compensation is applied mechanically,which violates the fair and just principle of legal relief.Relational pure economic loss is one of the types that are difficult to realize relief due to its invisibility,uncertainty and the ambiguity of the infringed interests,so it is particularly important to discuss its compensability.On the basis of research techniques of literature research ? comparative analysis and type analysis,compensability of the relational pure economic loss is throughly explored in this paper through the legal analysis and the reference of the legislation and theory of the compensability in the tort law of the continental law system and Anglo-American law system countries.Finally,some views on rational definition for the range of compensation is provided in this paper.Apart from the preface and conclusion,this thesis consists of the following four parts:Part One,the statement of the question.Through the introduction of relevant cases,the concept of relational pure economic loss and compensability are proposed in tort law.Part Two,the overview of relational pure economic loss.Firstly,it interprets the "reflective" of pure economic loss,and expounds its concept and characteristics;secondly,it has a typed analysis on pure economic loss by summarizing the judicial practice cases.Part Three,compensability analysis of the relational pure economic loss.Firstly,it carries out the legality analysis of the justification for the compensation of relational pure economic loss.It analyzes the compensability of the relational pure economic loss through the new property theory,interest theory,the rationality of damage relief,the compensation function of tort law,the change trend of legal thoughts and policies,and the perspective discrimination of law and economics.Sccondly,by the legal analysis and the reference of the legislation and theory of the compensability in the tort law of the continental law system and AngloAmerican law system countries,it is concluded that the relational pure economic loss is compensable.Part Four,the control of the relational pure economic loss.Under the premise that the relational pure economic loss is compensable,it further explores the issue of the scope of reasonable damage compensation,that is,the reasonable control of compensation for damage,and it specifically explores the constituent elements and considerations of the relational pure economic loss compensability control,aiming to provide some references for judicial relief.
Keywords/Search Tags:relational pure economic loss, typed analysis, compensability, constituent elements, considerations
PDF Full Text Request
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