Pure economic loss remedies -
|Course||Civil and Commercial Law|
|Keywords||Pure economic loss Tort Relief Civil rights and interests type|
With the increasingly close economic contacts, pure economic loss appears frequently in our daily lives and is becoming one of the hottest topics in the study of Comparative Law in recent years. When the reality of pure economic loss is pushed to the legal scale, how to regulate such issues under the existing legal framework becomes reality which the legal science researcher cannot evade. Civil Code of the legislative work is being speeded up in China, the quickly enactment of the“Tort Liability Law”, which provides“the civil rights and interests”in Article II, provides a broad space for the establishment of relief system of pure economic loss tort liability. Looking for effective factors what control liability for pure economic loss in negligence is the purpose of the author to study the issue.This paper is divided into three parts——introduction, body and conclusion. The body consists of four parts. The first chapter, the author sums up the definition and characteristics of pure economic loss by taking the study of the concept of pure economic loss as a starting point. The second chapter, the author describes“exclusion of liability rule”for the pure economic loss, and launches the comparative analysis on the basis of legislation and case studies in foreign countries, in order to provide reference of legislature and judiciary in China. The third chapter, Basing on the extent and condition of pure economic loss in China, and combine with the classic pure economic loss cases, the article groups pure economic loss into five types. The fourth chapter, it is need to restrict liability for pure economic loss, Then the author explains our legal basis for tort relief of pure economic loss, and analyses how to limit tort liability for pure economic loss through the fault, damage, causality and other factors, gives the measures to protect for pure economic loss other than the tort relief proposals.