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A Study on Professional Civil Liability of Tort

Author: ZhangJingKun
Tutor: XiaYaLi
School: Northwestern University
Course: Civil and Commercial Law
Keywords: Expert Professionals Professional liability
CLC: D913
Type: Master's thesis
Year: 2007
Downloads: 135
Quote: 0
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Abstract


Professionals tort liability in tort is one of the important species , long time, because the level of social development constraints, and ignored by the people . In recent years, professionals infringement, especially on the third party infringement cases increasing , the issue became a hot issue of growing concern society . However, due to the lag of legislation and differences , how to identify and deal with professionals tort liability in practice has led to confusion , which the authority of the law and judicial dignity constitutes a great challenge. At present, China will soon introduce a uniform civil code , and our theoretical circles professionals tort theory there is a big difference . This paper presents the first part there is a huge controversy currently several theoretical issues , analysis of this controversial theory and practice formed the origin , then put forward their own views. The second part of the article examines the British and French law and civil law countries in the field of tort liability professionals overview of the historical development , analyzes civil law and common law tort liability in responding professionals impact on the traditional civil law theory of the different approaches , Compare the continental law and place it on the field to solve contractual and common law tort put it in the field to solve advantages and disadvantages. The third part for professionals bear the main responsibility for tort liability , responsibility principle , causality, fault and fault standards , limitations of liability and social security, and other aspects of the exploratory research and draws some conclusions. Finally, the practice of development in our country , pointing out that the future Civil Code relating to tort liability for infringement professionals should be used to summarize legislation enumerated type plus the enactment of legislation . Also pointed out that tort liability system professionals also need to improve the range of social co-ordination of safeguards in order to maximize the potential of their systems to play .

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