jhering 中文意思是什麼

jhering 解釋
耶林
  1. The theory of fault in the process of contacting and negotiation for contract was mentioned by germen jurits rudolf vou jhering in 1861. its meaning is when one party ' s civil wrong broke the statutory duty of reasonable care arisen from the principle of good faith, during the process of contacting and negotiation for contract, and cause other party ' s interests or reliance interest damages, the former must compensate for the later ' s loss. statutory obligation for fault in the process of contacting and negotiation for contract is different from that for breach of contract and that for tortuous acts

    本文主要從以下幾個方面對締約過失責任理論、法律制度方面需完善的問題進行探討：一、對締約過失責任的概念和構成進行探討：二、對締約過失責任中缺失的對精神損害救濟的法律規定問題進行全面、系統的分析、論述；三、論述了締約過失責任與違約責任並存和競合的情形，在合同法上應允許締約過失責任與違約責任的並存、競合，充分保護權利人的合法利益；四、對締約過失責任法律制度應注重對締約過失行為的監控問題進行探討。
  2. The theory of contracting liability for negligence, tracing back to roman laws, was first elaborated systematically by jhering, a german. it has been developed rapidly and adopted by the mainland law system, british and american law system and the unified law in international commercial affairs since 20th century

    締約過失責任理論思想溯自羅馬法，由德國耶林首次系統闡述，並從20世紀以來已迅速擴展到大陸法系、英美法系各國及國際商事統一法。
  3. The doctrine of contracting fault has deeply influenced the continental law system as well as anglo - american law system since the doctrine was created in 1861 by a famous german jurist, jhering

    自1861年德國著名法學家耶林提出締約過失理論以來，該理論不僅使大陸法系深受影響，而且波及到英美法系。
  4. Since jhering raised the theory of contracting fault liability, the countries in continental law system has generally established the theory of contracting fault liability in legislations or judicial precedents, which also affects the anglo - american law system and the uniform of legislation in international commerce. contract law in our country has accordingly stipulated as well

    自耶林提出締約過失責任理論之後，大陸法系諸國家在立法或司法判例中普遍建立了締約過失責任制度，並影響到英美法系和國際商事統一立法，我國合同法也對此作了專門規定。
  5. The liability for wrongs in conclusion of contracts is a modern form of liability that was brought forth by jhering, a famous german jurist. after studied theoretically for many years, it was affirmed by law of contract as the basic law at last. although there are some disputes over the certain questions about it in theoretical circle, it is still a great advance in our country ' s legislation

    締約過失責任這一由德國著名法學家耶林所提出的現代責任形式，在多年的理論探究后，最終由《合同法》以基本法的形式加以確認，是我國立法的重大進步，但理論界在一些問題上仍有爭議。
  6. As far as the western countries are concerned, it mainly discusses the heck ' s thoughts of the legal philosophy of utilitarianism, the jhering ' s thoughts of the legal philosophy of interest, ie. the targeted legal philosophy, and the pound ' s interests outline. it sums up marxist philosophic outlooks of interest law in detail

    就中國而言，主要敘述了占正統地位的儒家利益法哲學思想的流變；而在西方，則著重闡述了邊沁的功利主義法哲學思想、耶林的利益法哲學（即目的法哲學）思想及龐德的利益綱目，對馬克思主義利益法哲學觀作了較詳細的歸納；同時，對中西方利益法思想進行了比較。
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