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On The Supplementary Liability For Security Obligations

Posted on:2009-12-31Degree:MasterType:Thesis
Country:ChinaCandidate:L L FengFull Text:PDF
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The supplementary liability for security obligations which is part of peculiar tort responsibility belongs to tort law with a form. It means that the security obligor should be responsible for the supplementary compensation if he has faults when the security creditor is damaged in third people tort. In combination with the article 6, section 2 of the Interpretations on Issues of Laws application to Cases of Compensation for Personal Injury by the Supreme People' Court, this paper discuss and analyses closely related to issues of the supplementary liability for security obligations. With exception to foreword and epilogue, this paper comprises three chapters.Chapter I gives a brief introduction to the correlation theory of supplementary liability. To let the readers understand the article well, the writer introduces the fundamental theory of security obligations at first, including the conception, contents, the theoretical foundation of laws in five aspects. Then this paper takes comparative method as cut_in point to discuss the nature of law under the obligation of security, which points out that although the security obligations can be stipulated by contracts, the nature of it is generally legal obligation, with the exception of conventional obligation in some special conditions.The character of the supplementary liability is expatiated in detail on the basis of the conception of it. Then the supplementary liability is classified according to different standards and the paper points out that the supplementary liability of security obligations is a kind of tort, limited and fault supplementary liability. Finally chapter I analyzes the relations between supplementary liability and other civil liabilities, including jointly liability, portion liability, liability of advanced pay and liability of supplementary discharge. Chapter II emphasizes on the basic rules of supplementary liability of security obligations. First comes the character of the rules which is an ordinal, limited and entitative supplement on the base of introduction of implication of the basic rules. The it is to expatiate the inner and exterior effectiveness of the supplementary liability in detail and analyze the controversial issue that the security obligor can obtain the right to ask the third party to pay for all the compensation he has paid or not. The last in this chapter is case analysis according to the fundamental theories of security obligations and the supplementary liability.Chapter III points out that attention should be paid to the trial practice of a number of issues. First this chapter focus on the causal relationship and fault judge. The main idea is that the causal relationship in Tort Law is divided into responsibility tenable causal relation and responsibility scope causal relation. The former takes the obligor's mistake as the tenable condition, the latter depends on the causal relation between the obligor's nonfulfillment and the damage result. It's better to adopt objective standard to judge the fault of the security obligor. The author suggests that mistake estimation principle should be adopted in legislation in order to protect all quarters litigant's right justly. Finally the proceedings and implementation issues of the supplementary liability of security obligations are discussed. The idea is that its legal structure is a one-way necessary common litigation and it doesn't violate the incident no longer to manage the principle. In execution related supplementary liability referee process, it is necessary to protect the rights of the applicants ,but also the legitimate rights and interests of security obligors.
Keywords/Search Tags:security obligations, supplementary liability, fault, basic rules, litigation, execution
PDF Full Text Request
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