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Joint Torts Without Joint Faults

Posted on:2009-08-15Degree:MasterType:Thesis
Country:ChinaCandidate:H Q ZhangFull Text:PDF
GTID:2166360242970186Subject:Civil and Commercial Law
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The joint torts without joint faults were firstly stipulated in the supreme court's judicial interpretation and law-application for personal injury cases in Dec.2003. The interpretation says that joint torts without joint faults can be classified into joint torts, which aroused much debate on joint torts in academic and practical fields especially on the following three subjects: one is the key components of the joint torts; one is the scientific classifications of the joint torts; one is the liability forms of the common liability of the joint torts.The dissertation includes four parts. Firstly, the dissertation analyses the definition and the characteristics of the joint torts without joint faults. Secondly, the dissertation deals with the component parts of the joint torts without joint faults .Thirdly, the dissertation categories joint torts without joint faults. Lastly, the dissertation discusses the common liability of joint torts without joint faults according to the most regulations and the future trend in Tort Law on joint torts without joint faults.The main standpoints in the dissertation are that the joint torts without joint faults can be classified into joint torts on the base of the objective interrelation between the integrated damage and the torts and all the tortfeasors bear the common liability for the damage. Joint liability is the most classical form of the common liability but the shared liability is more reasonable and efficient. The ultimate form of common liability is that every tortfeasor bears shared liability for the damage.
Keywords/Search Tags:without joint faults, joint torts, objective joint, joint liability, shared liability
PDF Full Text Request
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