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Tort In The Application Of The Principle Of Presumption Of Fault

Posted on:2012-09-02Degree:MasterType:Thesis
Country:ChinaCandidate:J G ZhangFull Text:PDF
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《Chinese names Republic of Tort Law》ArticleⅥ:The perpetrator caused by faults against the civil rights of others, shall bear tort liability. According to the law presumed perpetrator is at fault, the behavior can not prove that he is not at fault shall bear tort liability. This provision clearly the principle of presumption of fault in tort based on the application of the field.The principle of presumption of fault, in the implementation of the promulgation of the new tort law plays a very special role in making the provisions of the principle of tort cases in ways of thinking and concept has undergone tremendous changes in the law, may be enacted before the implementation of Some do not need to bear civil liability tort, but is entirely in accordance with this law may have to bear corresponding civil liability, or even quite strict liability, the reason is that the principle of presumption of fault in the codification of the laws of and in writing. In this paper, the application of the principle of presumption of fault as the main object of study to a specific date and the typical tort case for compensation of the main fire-2.10, respectively, the background of specific cases, requirements, court decisions, reasons and basis for the focus of controversy elaborate. Analysis with relevant legal knowledge and induction, to try violations of the civil application of the principle of presumption of fault in the range of applicable rules and the application of the process should pay attention, etc. Summary and Conclusion to the presumption of judicial practice, the application of Tichu some of the fault feasibility proposal. This article is divided into three chapters.The first chapter briefly reviews the fire2.10, focuses on the parties and the basis for claims and court decisions.The second chapter to focus on the case that the focus of the case and will apply the principle of responsibility, the parties to the responsibilities assigned, relevant evidence, the judges of the relevant analysis is the key to the principles applicable to analyze.Chapter 3 of the case of thinking, the fire,2.10 focuses on the blame on the principles and other related to the principles, between the scope and application of rules and judicial practice put forward my proposals.
Keywords/Search Tags:Tort Law, Presumption of fault, Special infringement, Fire accident compensation
PDF Full Text Request
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