Research On The System Of Damages Caused By Building

The system of damages caused by building has existed since ancient times. In modern society, damage caused by building, other facility and thing laid on, suspended on or chucked off building increases gradually. Compared with the relatively mature, abundant legislation, prejudication and theory of other countries, some weak points still exist in the legislation in this aspect of our country, the discussion in theory is poor too. Today, we are accelerating constituting the civil code, so making comprehensive, systematic researches on the system of damages caused by building is of practical significance. The paper is composed of six following aspects:Chapter 1: Comparison and analysis of the system of damages caused by building of other countries. This part introduces the system of damages caused by building of main countries of Continental Legal System and Anglo-American Legal System and our country, discussing their respective characteristics, and lays stress on the evaluation to relevant provisions of current legislation and judicial interpretation of our country.Chapter 2: The jurisprudential foundation of the responsibility of damages caused by building. Some countries regard the responsibility of damages caused by building as the responsibility for danger, while others regard it as the responsibility for the general safety. This part elucidates these two views separately, and by comparison, makes the conclusion that the jurisprudential foundation of the responsibility of damages caused by building of our civil law is the responsibility for the general safety.Chapter 3: General elements of the responsibility of damages caused by building. This part researches the imputation principles and general elements of the responsibility, discusses particularly the concept and scope of "building" and whether the default of setting and keeping is one of the general elements, and emphasizes that the research object of this paper includes the thing chucked off building.Chapter 4: The obligor of the responsibility of damages caused by...