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Research on Safeguard Obligation

Author: XiaZhen
Tutor: QinWei
School: Shandong University
Course: Civil and Commercial Law
Keywords: Security obligations Collateral Obligation Nature Unified The obligation to protect
CLC: D923
Type: Master's thesis
Year: 2008
Downloads: 231
Quote: 5
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Abstract


Human survival and development is inseparable from a certain social environment security, human security but the supreme law. With the development of society, dangerous jobs increased, for better protection of victims of personal and property interests of all countries based on the principle of good faith, comprehensive consideration of the needs of social development and moral obligation to set up security. But security obligations at home and abroad for the concept, the legal basis for voluntary and responsible nature of the problem has not yet reached a consensus, as well as on the safety and security obligations direction of understanding the formation of two factions. In this paper, these two points of view based on the analysis, a new solution ideas. This paper is divided into five parts. The first part begins with a brief review and analysis of foreign and security obligations in the history of our country, followed by introduction of the domestic scholars on different definitions of safety and security obligations, noting that although the scholars hold different views, but they are essentially the same substance. The so-called security obligations is in social life, due to exchanges while others lead to some dangerous people, this danger should make a reasonable duty of care and take the necessary measures to prevent or eliminate the risk of a dangerous occurrence After the rescue, etc. should take active measures to prevent the damage further. The second part analyzes the theoretical basis of safety and security obligations, from the perspective of the economic base, primarily profit-reward theory, risk control theory, theoretical risk-sharing and cost analysis theory. From the perspective of the legal basis, the main idea is to protect human rights, the principle of good faith, trust and predictability theoretical principles. The third part of the security obligations source of domestic scholars pointed out inconsistencies in the source view of the reasons is that different scholars security obligations applicable to the different concepts. The author puts forward the view that the source of security obligations has four aspects: from the clear provisions of the law, derived from the contract, from the requirements of the principle of good faith, from the perpetrator's previous behavior. The fourth part is the nature of safeguards obligations focus of this article. Nature of the problem is the foundation of security obligations. This part of the integrated use of comparative analysis, analysis of the German law, 法国 France, Japan and France, Anglo-American law on voluntary security point of view, the view on the domestic scholars were introduced and assessment, but also leads to the author's key point, given the bono on security awareness and ideas to solve a series of problems often result in civil law conventions on contract or tort law, \on the safety and security obligations into a unified civil law protection obligations, thus forming a new accountability system based, and thus establish a contractual obligation and tradition different from traditional tort liability systems of accountability. The fifth part is the establishment of a unified civil protection obligations in China. Learn German law to protect the relationship between a unified theory, study the establishment of a unified civil law obligation to protect the necessity and feasibility. One of the China's current legal system, the provisions on safety and security obligations undertaken a review analyzes the \and the accompanying obligations and tort law duty to protect the safety and security obligations on a unified civil law obligation to protect historical conditions, legal conditions and realistic conditions.

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CLC: > Political, legal > Legal > Chinese law > China and France
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