Dissertation > Excellent graduate degree dissertation topics show

On Contracting Fault Responsibility

Author: LiShengHua
Tutor: LiYongJun
School: China University of Political Science
Course: Legal
Keywords: Contracting fault liability Prior to contract The principle of good faith Reliance interest compensation Legal system Liability for damages Natural Law Roman law Ancient Rome Common law
CLC: D913
Type: Master's thesis
Year: 2005
Downloads: 366
Quote: 2
Read: Download Dissertation

Abstract

By the introduction, body, conclusion of three parts, which body part to five. Section 1 Contracting Liability for Negligence in the bud and produce. The section is divided into five parts: First, the seeds of contracting negligence liability system. Contracting fault liability regime began to sprout in the Roman law, it is the product of Rome's economic, political and cultural development. Ancient Rome developed commodity economy to promote the popularity of the concept of equality, freedom, autonomy, and also to promote the widespread launch of the legislation. The spread and development of the natural law, making the idea of ??fairness, justice, honesty and the legal system in the Roman law budding. However, Roman law did not form a complete Contracting negligence liability theory, the system of contracting negligence theory of liability, a deep, thorough analysis and exposition, later recognized by the German scholar Garling completed. Contracting fault liability system generates. With the development of the capitalist economy, the prosperity of the business, urgently requires protection as a the legal superstructure businessman interests. German common law, however, too much emphasis on saying, emphasis on the parties subjective meaning the desirable, therefore not enough to adapt to the needs of the commercial activities the German jurist Jhering think should be the source of Roman law, common law, German expansion to explain, widely recognized trust interest compensation , so protect the interests of trust contracting negligence theory came into being. Contracting negligence liability concepts and features. Contracting fault responsibility should be defined as: the parties in the contract formation process, a party to the violation of the first contractual obligations pursuant to the principle of good faith and caused the loss of the interests of the other party trust, the responsibility of the legal system should be liable for damages. Contracting negligence liability has legal characteristics as follows: 1 Contracting negligence liability for damages arising in the contracting process; Contracting negligence liability party liability damage contrary should be in accordance with the principle of good faith first born contractual obligations; 3 Contracting fault liability is a fault liability; 4 Contracting negligence the loss of the interests of other people's credit, it is a way to make up the property and responsibility. Contracting negligence constituent elements and the scope of application. Contracting Liability for Negligence constituent elements: 1 Contracting Party breach of the first contract obligations; 2, the other damage; 3, the other by the damage and breach of the contractual obligations of the first acts of a causal relationship between. Contracting Liability for Negligence range: 1, when the contract does not set up contracting negligence; 2, the contract is null and void of contracting negligence; 3, the contract's effective contracting negligence. Contracting negligence liability legal basis and status. Contracting negligence liability theory is based on the principle of good faith. Contracting fault responsibility and liability for breach of contract and tort liability, but can be incorporated into the contract responsibility system completely. Section II Contracting Liability for Negligence. Since the 20th century, the period with the period of liberal capitalism into monopoly capitalism, the shortcomings of the market economy is gradually revealed. With the failure of market capitalism \Such intervention impact of national contract law system greatly prominent, especially in Britain and the U.S., the state intervention in the economy. At the same time, the natural law revival, under the influence of the new school of natural law, the positivist Jurisprudence gradually lost market, the formation of a new contract ethics, emphasizing fairness, justice is the first requirement of the law, advocating social and ethical value of the legal balance and the overall interests of the new school of natural law is slowly gaining acceptance. \

On Contracting Fault Responsibility

Abstract

Related Dissertations