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Wrongful Birth Caused by Improper Compensation

Author: LiMin
Tutor: ZhengYouDe
School: Huazhong University of Science and Technology
Course: Legal
Keywords: Wrongful Birth Affirmation of Responsibilities The scope of compensation
CLC: D923
Type: Master's thesis
Year: 2010
Downloads: 123
Quote: 0
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Abstract


Modern technology has made significant development in medical technology so that we can recognize human beings at the micro level . Even if still in the unborn fetus , we can also be aware of its growth , and the doctor must be the fault , may cause defects in children born of parents of the do not want to . The \\inspire . Text mainly from the following six aspects are discussed and demonstrated : the first part will be improperly concept born to be straightened out , and then consider the accountability proposed and a brief analysis of damages for wrongful birth ; The second part will be the United States, the United Kingdom , Germany, France and Taiwan legislative and judicial status of a comparative study , in order to facilitate learn from their successful experience to solve our real problem , and then the other hand, China's legislative and judicial , be the macro level of wrongful birth ; the third part will analyze the \the scope of the right to compensation and the obligation of reparation to be defined ; fifth section will detail the control violations constituent elements to determine the basis of \property damages, compensation for moral damage defined and damages the overall approach through profit or loss offset rules weigh , and then specifically identified . More efforts will allow our wrongful birth of damage compensation issues in-depth and comprehensive understanding may provide some reference to the judicial practice of \resolved.

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