On Application Of Law To Liability Caused By Buildings And Structures

The liability caused by the unsafe state of buildings and structures has a long history, which is a special infringement using presumption of fault in GENERAL PRINCIPLES of the CIVIL LAW. It is not included in the general infringement in the civil law, while is considered as a special area of negligence in the common law. However, this liability does not lose its value of research until now, which is of much significance in researching liabilities causing by objects and liability of omission. Now we are in the process of deliberating our first Tort Law, Damage Caused by Objects is an important type of liability. As we have introduced the liability of violation of security duty from Germany, it can be seen that the liability caused by the unsafe state of buildings and structures share some thing with the liability of violation of security duty. They have several overlapping areas in application, which even leads some confusion in the judgment of our court. At the same time, there is also a little chaos between the liability caused by the unsafe state of buildings and structures and the liability of ground construction, which need our further research. From the standpoint of the liability of omission, this thesis is based on the research of the nature of this liability, analyzed its relation with other type of liability, and its own problems in application.The text of this thesis includes three sections:Section 1: The current legislation and basic theory problems of the liability caused by the unsafe state of buildings and structures. This section introduced the current legislation of this liability, defined the area of buildings and structures, and analyzed the principles of imputation and theory of this liability. Section 2: The relationship between the liability caused by the unsafe state of buildings and structures and other relevant kinds of liabilities in application. This section divided into two parts, one is the overlapping and coordination between the liability caused by the unsafe state of buildings and structures and the violation of security duty; the other is the relationship between the liability caused by the unsafe state of buildings and structures and the liability of ground construction in application.Section 3:The application of liability caused by the unsafe state of buildings and structures. This section analyzed the subjects, the constitutive requirements and defense of this liability. After studying on the legislation of foreign country and analysis of our own legislation, made a few recommendations on who should be the subjects and what sequence between them when assume the liability, when the liability caused by the unsafe state of buildings and structures established and whether the defense was adequate for the subjects to exempt from duty.