Dissertation > Excellent graduate degree dissertation topics show

On the security obligations of operators

Author: WuTongZhang
Tutor: LiHongWu
School: Shandong University
Course: Legal
Keywords: Security obligations General safety duty of care Presumption of fault liability Considerable causality Supplementary liability
CLC: D913
Type: Master's thesis
Year: 2005
Downloads: 254
Quote: 3
Read: Download Dissertation

Abstract


Operators in the course of their business, personal and property safety of the consumers have certain safeguards obligations. Operators subject to certain security obligations is the objective requirements of the development of market economy and social progress, is an important means to achieve social really fair. Security obligations of the operators substantially from the general safety duty of care, depending on the specific relationship between operators and consumers (generalized), turn the substance sources subdivided into a contractual relationship, quasi-contractual relationship and operators previous behavior. The security obligations based on the contractual relationship in turn is derived from two channels; benefit obligation and the accompanying obligations from contracting negligence of anti-free obligations and has two channels of the protection of third party binding contract security safeguards obligations based on the quasi-contractual relationship. The security obligations derived from the law formally contract, the principle of good faith. Security obligations statutory obligations, contractual obligations, supplemented; basic obligations, supplemented by accompanying obligations; Active Duty, supplemented by the negative and not as obligations. The obligation in broad, open based on a restricted range of obligations. Determine the security obligations of the operators should be adequacy, quite sexual, combine the possibility of principle; contract law, customary practice and rational person as a standard setting; their specific content, including the prevention of danger, danger the control and elimination of safety after the accident, rescue and other aspects. Operating in violation of the security obligations, should bear the corresponding legal responsibility. The nature of the liability should be determined based on the relationship between the operators and the victim were a breach of contract, tort liability and the two responsibilities competing in different situations. On the principle of culpability, the operators bear the liability for breach of contract, and the principle of strict liability; bear tort liability, and the principle of presumption of fault; causality judgment, should adopt the a considerable causal relations theory. A direct result of the damage occurred due to the behavior of the operators had breached security obligations, operators assume direct responsibility; operating in violation of the security obligations, but the damage from the direct infringement of third party operators to bear the added responsibility. Operators can consumers fault, consumers willingly risk situations such reasonable defense to liability for breach of security safeguards obligations. Different circumstances, the author is trying to be the source of security obligations systematic integration and operators of damage due to breach of security obligations it has assumed the liability of the nature of the responsibility, responsibility principle, causality form of liability, defense The preliminary system are the subject exposition can play a little throwing bricks with the security obligations of operators to own shallowness see.

Related Dissertations

  1. Security obligations of the operator,D923
  2. Study on Tort Liability of School in Minor Students’ Injury Accidents,D923
  3. Supplementary Responsibility of Tort,D923
  4. Study on Tort Liability for Violating the Security Obligations,D923
  5. On the Security Obligations,D923
  6. The Studying on the Safety-guard Duty of Preventing Infringement from Third Person,D923
  7. Real property obligations of human security,D923
  8. On the property service enterprise security obligations,D923
  9. The Operators of Security Obligations,D923
  10. Research on Security Obligations of Operators in the Service Places,D923
  11. The Responsibility about Breach of Security Obligations,D923
  12. On the Damage Liability for Violating of Safety-guard Duties,D923
  13. Study on Carrier’s Responsibility for Passengers’ Personal Injury Caused by Third Party,D923
  14. On the safety and security obligations of the operators,D923
  15. Essay on Obligations of the Security Guarantee in Tort Law,D923
  16. Tort Liability of Supplementary,D923
  17. Tort security obligations of the operator,D923
  18. The Research of Opreater Duty of Security Protecting on Service Places,D923
  19. The Duty of Safeguard of Proprietor,D923.3
  20. The Research on Obligation of Safety Guarantee,D923
  21. Safeguard Obligation in Tort Law,D923

CLC: > Political, legal > Legal > UNIVERSITY > China and France
© 2012 www.DissertationTopic.Net  Mobile