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Research on Safeguard Obligations

Author: GuYang
Tutor: SunXueZhi
School: Jilin University
Course: Legal
Keywords: Security obligations Tort Tort Liability
CLC: D923
Type: Master's thesis
Year: 2008
Downloads: 166
Quote: 1
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Abstract


In the civil tort cases, for operators in violation of the security obligations and responsibilities of case take place continuously, these problems gradually by the people's attention. Because our country civil law it is still no uniform standard, and scattered in various legal provisions of a more general, lack of operability, therefore, for the definition of the security obligations, in theory and in practice there are different opinions. In this paper, analysis and comparison research method, in reference to foreign legislation at the same time, combined with the actual situation in our country, the security obligations from the definition, the security obligations of the source of law, security obligation and responsibility the main body of the nature, the composition of the security obligations, in violation of the security obligations of the legal responsibility are discussed. Puts forward operator to perform security obligation has legal obligations and the contract obligation double properties; Operators in violation of the security obligation, assume the responsibility of the contract and tort liability; In the third person of the damage caused by the circumstances, can take common infringement shall be investigated for the third person said and violation of security agent responsibility. In order to in the legal theory and system design to solve the current problem of some problems, so that the victim's legitimate rights and interests can get adequate and effective protection, also cannot too increase security responsibility of the obligor.

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