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Research on Benefits Rule

Author: ZhaoLei
Tutor: WangWeiGuo
School: China University of Political Science
Course: Civil and Commercial Law
Keywords: damages compensation benefits rule judicial application
CLC: D923
Type: Master's thesis
Year: 2010
Downloads: 124
Quote: 1
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Abstract

Damages compensation is an important theory in the civil law and relates to other systems or theories. Conditions and damages of compensation are determined by the civil law. Damages compensation regulations shall deal with how to calculate the damages and which one is to be compensated. A reasonable method to calculate the damages will compensate losses of the victim fully and fairly, which is the essential destination of the civil law. The nature of identifying damages is a question of fact, while calculating damages is not only a question of fact but also a legal rule. The benefits rule allocates the benefits caused by the illegal action fairly and reasonably. However, there is no specific regulation on the benefits rule in the civil law of China, and scholars in China seldom study on this rule. The author researches on the benefits rule from the perspective of the judicial application. Specifically, the discussion contains the necessity, the basis, the sphere and the method of the application of the benefits rule. The goal of the research is to analyze the benefits rule comprehensively and systematically, which is favorable for the judicial application of the rule in the absence of the specific regulation.In summary, the paper is divided into three sections, including the preface, the text and the conclusion.The preface put forward the object, the objective of the research and the train of the demonstration.The text is composed of tour chapters, discussing the necessity, the basis, the scope and the method of the application of the benefits rule step by step. Chapter one is the study of the necessity of the judicial application of the benefits rule. It mainly discusses the function of the rule, and introduces the researching achievement and the judicial application of the foreign countries. In addition, the judicial situation in China is analyzed by the author.Chapter two is researching on the basis of the judicial application of the benefits rule. In china the basis of the rule contains principles, especially the fairness doctrine, and the relative legal interpretations.Chapter three is about the scope of the judicial application of the benefits rule. The benefits rule is the composition of the damages compensation system, and is applied in the field of damages compensation. Specifically, when there are damages caused by beaching of the contract, tort acts and other illegal acts, damages compensation shall be applied. The author analyzes the judicial application of the rule related to the contract law and the tort law by discussing the specific provisions in Contract Law, Tort Liability Law and relative legal interpretations. The study answers whether the benefits rule apply to the civil law in China and how to use the relative specific provisions.Chapter four discusses the method of the judicial application of the benefits rule, which is major part of the paper. The author studies the conditions, the scope, and the method of the judicial application of the benefits rule, together with the relation of the rule and other related provisions. This chapter discusses the method of the judicial application of the benefits rule comprehensively and systematically.The conclusion sums up the viewpoint of the paper and put forward three points of suggestions.

Research on Benefits Rule

Abstract

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