Research On Tort Damage Compensation For The Loss Of Use

The use of loss refers to the loss of profits caused by the inability of the damaged object to be used.In practice and in the theoretical circles,there are fierce disputes on the tort damage compensation for the use of loss.In comparative law,although different countries have not yet reached a consistent conclusion on this,the mainstream trend is to support tort damage compensation for the use of loss.The nature of use loss is usually defined as property loss and indirect loss,which is different from similar concepts such as mental damage,pure economic loss,depreciation loss,devaluation loss,and loss of purpose.The key to judging whether the use of loss can obtain compensation for tort damage lies in whether the use interest can be the object of relief for compensation for tort damage.The traditional " theory of difference " has been revised by the "normative purpose theory",so that the determination of damage not only depends on the change of the inherent value of the damaged property,but also includes the normative evaluation of the damage.Furthermore,the economic value of the use interest can be reflected in the trading market,so if the use interest is violated,the property loss of the victim is actually caused.The use of loss can also be determined through calculation methods.Compensation for loss of use does not violate the principle of complete compensation.The establishment of tort liability for the loss of use must conform to the constitutional elements of infringement liability,damage,causality,and fault,and shall be comprehensively considered.Among them,the determination of damage requires further measurement of whether the subject matter itself is damaged,whether the damaged object has universal and core significance to life,and whether the infringed person has the willingness and possibility of use.Exceptions In the case of no liability for fault,the infringer should also compensate for the loss of use.The calculation time of the use loss is when the infringement occurs,and the calculation period is a reasonable time within which the property cannot be used.The calculation method of using loss should be calculated in the order of rent method,lost interest method and appraisal method,and the problem of offsetting profit and loss and offsetting negligence should be considered...