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The Civil Liability Undertaking Of The Minor's Torts

Posted on:2010-06-11Degree:MasterType:Thesis
Country:ChinaCandidate:Y LiuFull Text:PDF
GTID:2166360272493255Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Due to biological reasons, the minors are not mature enough to understand a certain things or foresee the results of their conducts; neither do they have the ability to control themselves from endangering other people. The fact is that the welfare of the minors should be protected as well as that of the victims. On most occasions, the law would punish the parents or others who are obligated to monitor the minors. How to share the loss between those people while their perspective benefits should be protected at the same time? We should take the question into consideration all through the work of making arrangements of law. I intends to do the research and discussion respectively within the scope of different loss-sharing parties.Besides the Introduction and the Conclusion, there are three parts in this article:The first part is about one very important issue while confirming the minor's liability: one's capability for responsibility. It can tell us whether and under what consideration should the minors committing tortuous acts be held personally liable. In this part, the basic theories of capability for responsibility would be discussed, also would the criteria of judging this capability and the minor's fault. Also, this part would talk about how to compensate the victims if neither parental liability nor the minor's personal liability were confirmed by law. In this case, equitable liability shall be applicable.The second part has mainly analyzed some issues about parental liability and the liability of other guardians will not be frequently talked about since in most case the responsibility of all the guardians are quite the same. The theory of parental liability, regulations of taking responsibility and the causation that has considerable impact on parental liability would be analyzed. After this, I should talk about the relationship between parental liability and the minor's personal liability.In the last part, I have thoroughly analyzed the relevant regulations of our country. According to the thesis in the above parts and valuable foreign experience, I would try to give some advices in order to make the problems following the minor's tortuous act better solved.
Keywords/Search Tags:capability for responsibility, minor's personal liability, parental liability, presumption of fault, equitable liability
PDF Full Text Request
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