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Liability For Dangerous Activities In Civil Law

Posted on:2007-10-05Degree:MasterType:Thesis
Country:ChinaCandidate:C G WuFull Text:PDF
GTID:2166360218450696Subject:Law
Abstract/Summary:PDF Full Text Request
Liability for dangerous Activities is a special one distinct from other general liability for torts, which may cause harm by conducting danger activities or keeping dangerous subjects. There are too many arguments of danger liability on the definition, the imputation principal and the role in tort law. The reason of the formation of the unique types of danger liability and the suitable law for danger liability was discussed from the view of comparative law and economic analysis in this paper.After consideration for imputation principle adopted generally by active tort law, we think more accurate analysis method of consist of liability should be adapted.By economic analysis of danger liability, the conclusion was drawn that with increase of danger degree, the attention degree of the tortfeasor and the victim should increase correspondingly, and the adoption of fault liability or liability without fault will not affect the attention degree of the tortfeasor.The model of legislation of general article combined with classifying in danger liability should be adapted in China, and the mandatory insurance system in danger liability field should be fulfilled.
Keywords/Search Tags:Liability for Dangerous Activities, Strict Liability, Imputation Principle, Economic Analysis
PDF Full Text Request
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