Research On The Identification Of Tort Liability Of Law Firms In Bond Misrepresentation

In recent years,with the frequent occurrence of bond defaults,bond misrepresentation litigation began to enter the active period of litigation.The Wuyang Debt Case became the first case in which a law firm assumed civil liability for misrepresentation.Due to the limited force of law firms on the damage results,it is worth discussing how to realize the responsible identification of law firms under huge damage.This thesis is divided into four chapters.The first chapter defines the legal interest protection and liability framework of misrepresentation infringement,and points out the problems existing in the liability identification of law firms in the current bond misrepresentation disputes.Chapter two to chapter four respectively discuss the three problems raised in Chapter one.The second chapter discusses and advocates the establishment of reasonable defense of law firms in combination with the particularity of causality identification in bond misrepresentation.Corresponding to the dichotomy theory of causality,the defense of causation should also be divided into transaction causation and loss causation.The third chapter discusses the fault identification standard of law firms in bond misrepresentation disputes.The negligent misrepresentation of the law firm is essentially a violation of the duty of care,which should be controlled within a reasonable range.Due to the institutional arrangement of fault presumption and the generality of fault identification in judicial practice,it is necessary to clarify the legitimate causes of no-fault defense of law firms.The fourth chapter discusses the establishment of the restriction rule of joint and several liability of law firms.In the reality of the popularity of "proportional joint and several liability" in judicial judgment,it is necessary to fill the blank of the corresponding liability allocation rules.Therefore,this thesis makes a theoretical interpretation and rule design of proportional joint and several liability in judicial judgment.