Liability of Building Products in Consumer Protection Law - Focus on the Judgement on Reasonable Safety Expectation According to the State of Scientific and Technical Knowledge

• Main Authors: Chin-Te Wu, 吳晉德
• Other Authors: Li-Jen Kuo
• Format: Others
• Language: zh-TW
• Published: 2009
• Online Access: http://ndltd.ncl.edu.tw/handle/29177428337205182603

碩士 === 國立成功大學 === 法律學研究所 === 97 === The thesis focuses on the building liability in consumer protection law and is composed of six chapters. Chapter 1. Preface. The motives and the purposes of the thesis are described in the beginning of the research. And it also defines the scope, method and the framework of the research. Chapter 2. the Foundations of the Rights to Claim for Loss Restitution Caused by Product Defects. The victims of loss caused by product defects could claim the rights of restitution, which could be separated into two categories: the right of restitution for the loss caused by flaw warranty or incomplete payment in contract law, and ordinary tort as well as special tort(§191-1 in civil law) in tort liability. Chapter 3. the Analyses of Building Product Liability in Consumer Protection Law. The significance, character, evolutionary background, and foreign legislation of consumer protection law are expressed in the beginning of this chapter. Then the definition and consuming specimens of building products in consumer protection law are also discussed as well. The chapter also tries to clarify if building products could be treated as the objects of consumer protection law by analyzing domestic and foreign theories and legislations. Then the extents of appropriate right subjects of building product liability are explained. And the main participators in building industry, including real estate companies, contractors, architects, certification engineers, assigned engineers, field managers, land and building material suppliers, real estate brokers, are also examined to elucidate whether they are suitable obligation subjects or not. Chapter 3 also expresses the range of loss restitution, the relationship between cause and effect, building product defect types, the meaning of reasonable safety deficiencies. And finally, the consequence of building production liability is illustrated. Chapter 4. Building Product Defects and Administration Law System. Chapter 4 provides the definitions and the characteristics of building products discussed in this thesis. Then several key building safety aspects, such as structural safety, fire protection safety, and indoor environment safety, are also introduced in this chapter. Furthermore, based on the current building administration law, the regulations corresponding to each safety aspect are also compendiously explained for the sake of further analysis. Chapter 5. Reasonable Safety Expectation According to the State of Scientific and Technical Knowledge and the Periods of Building Products Put into Circulation. Based on domestic and foreign theories, legislations, and practical judgements, the normal criteria and special principles of reasonable product safety expectation in consumer protection law are expressed in this chapter. On the basis of these criteria and principles, the interrelationship between building administration law and building product liability are reviewed. This Chapter also describes the confronting difficulties in building construction practices and legal disputes, which derived from the conflicts between building administration law and state of art defense in consumer protection law. Then it tries to make a suggestion on professional safety standard and bring the safety expectation in consumer protection law and construction practices into a compromise. Furthermore, it also narrates building production flow and provides positive and negative opinions on the judgement of the periods of buildings put into circulation, such as its open to booking (building permit), construction completion (usage permit) and be consign to consumer. Then the product liability standards of used building products after repair or renovation are also discussed in order to keep the balance between the protection of consumer and practice feasibility. Chapter 6. Conclusion and Suggestion. The final chapter summarizes the issues described in chapter 4 as well as chapter 5 and tries to answer the questions mentioned in the research. And some suggestions are also be made for the advices to the architectural design and construction practices.