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The Safety-Guard Duty

Posted on:2008-05-12Degree:MasterType:Thesis
Country:ChinaCandidate:P JiangFull Text:PDF
GTID:2166360215495763Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
"Human safety is the supreme law". Daily life, everywhere all is in danger, Some is essentialfor social development, some is essential for people's daily life. Harmful consequences as resultof risk usually is because of injurer's idle at doing acts. For the tort based on omission, Legalasks for injurer assuming corresponding liability, it is based on action duty of injurer. Thesafety-guard duty exactly install a sort of action duty for injurer, it will constitute omission tort ifhe officence action duty. The paper emphasize according as law of tort correlation theory, bindingarticle 6 of the interpretation of some issues on the application of law about the cases of bodydamage compensation, discuss the problems about acting against the safe-guard duty tortliability. The thesis includes the following three sections:Section one, the paper introduce the production of, this Chapter points out that the nature ofthe obligation of security is the tort in violation of the legally-prescribed obligation.Section two, violating the tort liability of the security obligation, the criteria of liability,constitutive requirements and content of exemption, the chapter do theoretical and sthenicsyndrome analysis.Section three, joint liability or liability shares when a third party intervenes.
Keywords/Search Tags:the safety-guard duty, the liability for tort, liability fixation, supplementary liability
PDF Full Text Request
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