The Relativity Principle Of Liability

The relativity principle of Liability is one of the important principles in the law of liability. With the emergence of many so-called breakthroughs in the relativity principle of liability, the role of that principle has been greatly threatened. The truth is, however, that as to the scope of liability provided by that principle, those breakthroughs are indeed not real breakthroughs. This article seeks to discuss the relativity principle and other issues, mainly third party issues, of liability by examining the definition of and the legal thoughts contained in the relativity principle. Insisting on the relativity principle or not is actually about to which extent can the effect of liability reach. Under the relativity principle, liability cannot reach any third party other than the parties to the liability. Otherwise, it will become a breakthrough to the relativity principles. The author believes that the fundamental thoughts represented by the relativity principles are:Liability arises from the consensus of the wills of the parties and the wills of the society (in legal norms) and effects upon certain people;Obligation can only be imposed by obligor or law, which represents social wills. Therefore, the effect of liability established by the relativity principle can not only reach creditor and debtor, but also third parties. The bone fine purchaser of subject matter of a lease agreement and the indefinite obligor have nothing to do with the breakthrough of the relativity principle. The "development of relativity principle" section introduces the content, establishment and evolvement of the principle and analyses some theories of Chinese scholars. The "elements of liability" and "effectiveness of liability" sections analyze the nature, elements and effectiveness of liability and state that the social wills represented by legal norms are the essential elements of creation and elimination of liabilities. Those legal norms take part in and affect the creation and realization of liabilities, which makes the affected scope of liabilities determined not only by the consensus of the parties, but also by law to reach further to third parties. The "first issue of liability – the definite third party of legal liability" section analyses the security system of liability and the third parties in those contracts designed to provide protection for third parties and concludes that those two system are not breakthrough of the relativity principle. The "second issue of liability – the definite third party of agreed liabilities" section analyzes the creation and effectiveness of contract providing performance to third party and contract performed by third party and concludes that after creation but before the effective date, those contracts are binding only between the contracting parties, but not upon third parties. Those contracts are not effective until the third party indicates an intention to be bound to the contracting parties and therefore assumes the liability. This is not in contradiction with the relativity principle. The "third issue of liability – the realty aspects of lease" section indicates that the bone fide purchaser of the subject matter of lease agreement obtain the rights and liabilities thereof when she becomes the incomplete owner of the subject matter. The notion that lease is effective against third party, therefore, is not a breakthrough of the relativity principle, but on the contrary, is supportive to the relativity principle. The "fourth issue of liability – the indefinite obligor" section emphasize that the tortuous conducts by third parties has noting to do with the relativity principle, they are determined simply by the fact that the civil rights are not allowed to be infringed. The "conclusion" emphasizes that the relativity principle is still an important principle. The third parties issues related with the relativity principle are not real breakthrough or have no relevance with the principle at all. It concludes that the relativity principle is still a...