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The Discussion Of The Joint-Tort

Posted on:2006-11-08Degree:MasterType:Thesis
Country:ChinaCandidate:L HuangFull Text:PDF
GTID:2166360185953465Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The theory of joint-tort is developed on the theory of general tort, which is researching the actions of multiperson and unic-damage to the legal rights. And we can find it even early in Rome' s law. During the developing-hood of the joint-tort, there are coming into three basic situations, which are called joint-trespass, joint-risk(semi-joint-tort), action of aider and abettor; and the responsbility of the joint-tort action is joint and several liability, however it is the only responsibility system to this action. But there is much different in this research area and legal action. It is not very early in China to study in this field, however the proceeding of making the new civil-law become more and more quickly, especially the joint-tort. Nowadays there are so many different voices in the area of the join-tort. So that it became too difficult to enforce the law in the life.According to this, the author attend to discribe the action of joint-tort and the responsibility to this action by the method of comparative and analytic method. Based on this, the action only includes three basic situations and there only the joint responsbility can be the responsibility of the joint-tort.Furthermore, the author metioned that tow effetions of the joint responsibility, they are: one is the effection to the inside, which is the claim compensation by share; the other is the effection to the outside, which is the plea to regressive per saltum.Lastly, the author tried to give some suggestions to solve some problems that come into being and give some thoughts on what could be in the future.
Keywords/Search Tags:tort action, joint-tort action, joint responsibility
PDF Full Text Request
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