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Research On The Problem Of The Damage Caused By The Building

Posted on:2015-05-16Degree:MasterType:Thesis
Country:ChinaCandidate:Z Y YuanFull Text:PDF
GTID:2296330422477919Subject:Law
Abstract/Summary:PDF Full Text Request
Since The General Rules of Civil Law published in1986, the responsibility ofbuilding tort has been an important part of tort law system in China. In2009, thenew Tort Law put the destroy responsibility in the85thand86thprovision,fromwhich we can find the importance.Compared to the General Rules of Civil, the new published Tort Law hasincreased its content in the field of damaged objects or the responsibility object,which has put the buildings as a fatal element of people formally. At the same time,it has also added the responsibility object, and full-fill all the people, managers andusers, after undertake of damage responsibilities, if anyone else being the real one toundertake the responsibilities, have the rights to ask compensation.Even though, compared to the other well-managed countries, we still havesomewhere to improve, including the clauses are too abstract. Meanwhile, aiming atthe recent relevant rules, we still have any argument about the responsibility objectand the non-responsibility excuses. My essay is writing from the view of relevantlaw clauses, according to the analysis of relevant laws abroad, combined with thecases, referring to the relevant documents; I have a total analysis of building tortresponsibility, so as to expect a scientific explanation, hoping to give some help inpractice.
Keywords/Search Tags:building tort, presumptive fault, responsibility object, recovery
PDF Full Text Request
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