Dissertation > Excellent graduate degree dissertation topics show

Conflict and resolve of the international product liability law

Author: FengZuo
Tutor: LiuLi
School: China University of Political Science
Course: International Law
Keywords: Product liability Conflict of laws The application of law Solve
CLC: D997.1
Type: Master's thesis
Year: 2009
Downloads: 174
Quote: 0
Read: Download Dissertation

Abstract

Constantly enrich the social product, cause damage due to product defects resulting from product liability cases is also an increasing number, especially in recent decades, the modern industrial wide range of rise and rapid development of international product trade, making the scope of the problem of product liability continues to expand product liability law conflict continues to grow. Thus since the product liability law applies has gradually developed into a universal and are subject to the important issues of global concern. Throughout the practice of States, the settlement of the conflict in the product liability law involves two aspects, first, through theoretical studies provide support to pass legislation to regulate. This article is from the start of the conflict of laws of product liability, and historical exposition of private international law, comparative analysis of the international community and national practices, in order to constantly absorb advanced achievements and suggestions for improving the legal system of China's foreign product liability. The first chapter to start from the international product liability and legal conflict, leads to a general definition of international product liability, defined the concept of products, the identification of product defects, product liability obligations scope of the subject, the responsibility principle, damages and other aspects of the conflict vertical, and to explore the causes of conflict of International Product Liability Law, thus deepening the understanding of such conflict of laws to lay the theoretical pave the way for the ultimate search for an effective solution. The second chapter to explore methods to solve the conflict of laws problems of international product liability from the perspective of the conflict rules. Traditional product liability law, section I discusses the application of the theory of universal product liability cases as infringement processing - for the infringement of the law of, and supplemented by the applicable parties to the case of the principle of personal law and the courts to law. Due to the limitations of traditional theory, theorists continue to explore a more appropriate theory, the new product liability law applies the principle of rapid development, including the principle of closest connection, the principle of limited autonomy, in favor of the plaintiff principle and to exclude the defendant can not foresee the principle, these principles in the second quarter to give discussed. Hague Product Liability Convention on the Law Applicable to \Chapter III of this paper is to discuss the solution of the conflict of International Product Liability Law from the perspective of harmonization of substantive law. Combined with the practice of uniform substantive law of international product liability legislation, the necessity and feasibility of the harmonization of substantive legislation and product liability analysis, we can see that a unified product liability legislation is necessary and can be expected. But on a global scale to achieve the harmonization of legislation is very difficult at the same time, regional harmonization of legislation compared to the much simpler to implement, so the study of regional harmonization of legislation will become the focus of the current period of Among them, the European product liability unified substantive legislative forefront of the world, this article will be selected as the focus of study, successful practices in-depth analysis, so as to provide a useful reference to help achieve international standards, and strive for the harmonization of substantive legislation in the future full grasp of the right to speak. International product liability law conflict and to address a more comprehensive analysis and research, we conclude that to solve the conflict of laws of foreign product liability based on the domestic, and actively learn, absorb the advanced achievements of international, continuously improve our product liability laws applicable system. Therefore, this fourth chapter focuses on China should be adjusted in order to build the export product liability laws applicable to the system in line with our national conditions.

Related Dissertations

CLC: > Political, legal > Legal > International law > Private international law > International Civil
© 2012 www.DissertationTopic.Net Mobile