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On Rule of Earthquake as a Force Majeure Excusation from Liability

Author: ZhaoGaoChao
Tutor: YiLuoZhi
School: Hunan University
Course: Legal
Keywords: Earthquake Force majeure Excusation from Liability Rule
CLC: D923
Type: Master's thesis
Year: 2009
Downloads: 133
Quote: 0
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Abstract


Nowadays,as mankind’s power to recognize and transform the nature has undergone staggering growths, however, confronting with natural disasters of devastating, the weakness of mankind is revealed.Therefore,under the undergoing social advancement, it is necessary a requirement to our legal system that how can we manage to exploit the resources available to provide the most accurate predictions, and make the most appropriate arrangements, with the aim of minimizing the losses of natural disasters, or making reasonable distribution of social losses.Taking natural calamity as force majeure for statutory exemption system is an embodiment of the principle of fault, and requirement of principle for equity. It is applicable to tort liability and contractual liability. On the one hand, the system is helpful for the protection interests of concerned party and the realization of liability without negligence principle in safeguarding the civil liability system, and reflects the concept of autonomy of civil law either. On the other hand, the system can promote people in civil activities, to fully realize what kind of risk may occur in the future, and thus provide a reasonable solution to the sharing of losses as long it happens, consequently, a reasonable risk-avoidance, and better maintenance of public order shall be achieved.After earthquake in Wenchuan China, research on the system is of much more importance in realism. This thesis takes the Wenchuan earthquake as a sampling case for demonstrational analysis. Firstly, earthquake as a applicable provision of force majeure and the specific application conditions where its causation shall be concerned have been probed into depth. Secondly, in the respective of taking earthquake as Excusatio, the rationality and deficiency of force majeure for statutory exemption system in China have been studied. Lastly, in the hope of solving the problems in existing our China’s legal system and solutions have been put forward to.

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