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On The Compensation For Damages With The Result Of Death Or Injure In Road Traffic Accident

Posted on:2004-02-08Degree:MasterType:Thesis
Country:ChinaCandidate:D Z LiaoFull Text:PDF
GTID:2156360122470296Subject:Law
Abstract/Summary:PDF Full Text Request
Road traffic accident is one of the main sources of mankind damages in our times. How fair, reasonable and timely to deal with and solve the issue of compensation for damages with the result of death or injure arising from motor vehicle accident, the contract law and tort law proscribe it. As to the issue of the compensation for damages in road traffic accident, the scholars in China and overseas have probed into in respect of theoretical research and practical operation; however, the systematic and comprehensive research is rarely seen. This dissertation, through discussing respectively and researching by comparative method as to the compensation for damages for breach of a contract and for the infringement arising from road traffic accident which is related to serve contract, raises that, there exist mutual part and difference in the scope of damages, the principle of the fixation of liability, the proof of evidence, the rule of the counteraction between faults, the undertaking of the third party for the fault liability, the dealing of the free-rider with good-faith, as to the contract law and tort law in China. In addition, since there exist conflicts and empty in legislation, the low diathesis of judges in inferior courts in China, and the pursue to different interests by parties and the like, the compensation for damages in judicial practice is not united; that is, for the same injury, different parties in different jurisdictions acquire different compensation for damages. In view that in many cases, the liability of breach of a contract and the one from tort overlaps, this dissertation, emphasizes on the problem of the compensation for damages under such circumstance. It probes into the issues common seen in the cases relating to the overlapping of the liability of breach of a contract and the one fromtort in China's judicial practice. And based on the research of the legislation both in China and overseas, judicial practice, and jurisprudence, this dissertation, raises the suggestions on the legislation regarding the compensation for damages when the liability of breach of a contract and the one from tort overlaps in road traffic accident.
Keywords/Search Tags:road traffic accident, breach of contract, tort, overlapping in respect of liabilities, compensation for damages
PDF Full Text Request
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