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The Research Of Tortious Liabilities In Cases Of Things Thrown Off The Buildings

Posted on:2010-01-04Degree:MasterType:Thesis
Country:ChinaCandidate:S J PanFull Text:PDF
GTID:2166360275955806Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Facing with the victims and the vast majority defendant of innocent as to tortious cases off things thrown off building,what is the appropriate decision for law?Search the closer balanceable point in the real likelihood and the likelihood,or exist the equilibrium point itself.In order to find answers,the article is divided into seven chapters to discuss on this issue.The first chapter begins with a brief analysis of the concept of the cases of things thrown off the building,and styles the cases of things thrown off the building by the concept,and points out that the focus of discussion in this article is the the type of the wrong doner not clear also refering to a narrow altitude concept.On this basis,the second chapter differentiate easily confused system which is similar in elements but also has significant difference,and also support the below the theoretics and the views. ChapterⅢconducts an in-depth analysis from the theoretical level of the criterion of responsibility.Presumption of fault,Presumption of causation and Res lpsa Loquitur is the core of theory in this article.The author also points out that the presumption of fa- ult and the Res Ipsa Loquitur that in the connotation and extension about the presumpti- on both have a high degree of consistency,but with the presumption of a causal relationship have great distinction.ChapterⅣintroduces the affirmed and denied theory which has a heated academic discussion.The author also bring forward some opinions about this issue.In the basis of theoretical analysis,chapterⅤfurther has in-depth analysis on typical case from China to foreign countries.Through the case that argumentations the theory is reasonable.ChapterⅥis the legislative proposals to tort law about the case of things thrown off building,including the application of Presumption of fault of and allocation of the burden of proof and the definition of the main responsibilities,and finally,the author raise the idea of liability insurance.At the same time,the authour sums up the article from four points:First,the cases of things thrown off buildind because of lacking of uncertainty in Presumption of causation, under the presumption of the fault,strictly adherence to the presumption but do not rigidly adhere to formulaic solutions.Second,the presumption of fault and Presumption of causation theory is inferential tools of political choice,but in this case should choose the latter.Third,through Presumption of fault,the standardized of disccr- etionary power of judges and the established jurisprudence of the system in favor of the application of the resolution of the case.Fourth,the introduction of liability insurance can ease the contradiction in the value of the distribution,but should not rely on the liability insurance as a way to resolve such cases.
Keywords/Search Tags:things thrown off the buildings, Presumption of causation, Presumption of fault, Res Ipsa Loquitur, the liability insurance
PDF Full Text Request
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