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Research On Applicability Of Fault Deduce

Posted on:2008-07-08Degree:MasterType:Thesis
Country:ChinaCandidate:A J LiFull Text:PDF
GTID:2166360212993028Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
This text passes the analysis to predict outcome the content to fault with the research of the suitable for use, trying to clarify it is a kind of proof rule that fault duty judge to the fault inside that fault predict outcome, explaining its have got the special function in fulfillment, this is on having very the operation rule is to can't act for of, have the alpine and practical value in judicatory practicing, but the mistake that predict outcome comprehend to the fault to apply with the inaccuracy, will handles formation mistake area to case, even will result in social unjust positive.Therefore predict outcome to the fault the necessity take into the research, rectifying to comprehend in fulfillment with the deviation of the applicationFirst, this text expatiates from the historical angle to the content of the subjective fault with origins and innate characters that fault predict outcome, and think that it is progress that long history to affirm the mistake whether existent method, pass to predict outcome to establish faultily development process describe that fault predict outcome, explaining the fault predict outcome to accompany with the social development with the method became gradually the norm turn with systemize.The next in order, pass to return to the infringement the duty principle system set up the controversial appraise, clarifying to have no the fault duty principle with science that fault duty principle two dollar duty system set up with rationality, think that it is a kind of rule that fault predict outcome that affirming the fault of fault duty inside, it not is a kind of returning the principle of duty ;The principle that fair principle can't become the infringement behavior method the convenient coming to returning the duty, appear the fair principle for, be used as a kind of rule that loss share and exsit of, is reason to point to result in the loss result dint that repair that fault and someone a business for controling or articles contain certain cause and effect relate to, but the person's reliable have no fault, also having no others, here the situation is next, canning request that person to supports according to its economy ability, consider the feeling gives certainly, at nonexistent any embroil the sex, then have no to share its reason Again, the suitable for use term that predict outcome from the fault commences, predicting outcome to the fault with offer as proof the relation that duty set upside down take into the treatise, thinking that the fault predicts outcome own proof procedure, is foundation that a kind of method to offer as proof duty set upside down the application the inside, the fault predict outcome, making affirm to the complicated fault to become simple, valid, practice the easy to operation.Afterward, pass to harm the unknown case in person to the analysis that add, indicate the judicatory practice the inside mistake that predict outcome to comprehend to the fault with make use of, the key sticking point consist in predicting outcome the fault originally is to have the without rebuke predicting outcome, but extend arbitrarily to add to harm person is inequity that the inequity that the whose predicts outcome the top, from but result in to exchange the one person to the many people fair in fact.Then, pass to predict outcome to the fault with the fair principle, the fault predicts outcome to differentiate and analyze with common dangerous behavior these two relation for on the fulfillment most easily confusings, further expatiating the right suitable for use that fault predict outcome.The relevant fault in inside in a few and special method that implement predicts outcome to establish to now at the same time of enumerate, proceed the resolution, suggest finally in our country relation society livingly concretely the special method of the aspect, as if《civil law》。then a concrete situation for of provision, clear and definitely ruling applying fault predicting outcome, from but enhance law can moral conduct, increase method of practical value, but not proper hand over this right to be cut by judge's freedom deal.
Keywords/Search Tags:The fault duty principle has no fault duty principle fault to predict outcome, return the principle of duty, proof duty
PDF Full Text Request
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