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Study On The Status Of The Principle Of Fault Liability In The Tort Law

Posted on:2009-07-09Degree:MasterType:Thesis
Country:ChinaCandidate:M ZhouFull Text:PDF
GTID:2166360278470925Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The principle of fault liability in tort law is considered as the general principle of liability, and it plays an important role. Its development is closely related to the advance of society, especially in the economic and philosophical aspects. The principle of fault liability came into being in ancient Rome period, and it reached the peak in the developing period of moden capitalism, but it faces quite many challenges in contempory society. This article is divided into four chapters to study how the status of principle of fault liability formed and grew during each historical period, how tort law integrates with regime of society to construct a common system of compensation for damage, and how the principle of fault liability functions.Chapter One, first of all, starts with the concept of attributive liability. the principle of attribution is a dynamic process to determine the value, and it is the result of the game with such factors as free action, public interests and the scarce resource of law,etc, and then introduces the content and functions of fault liability as a general principle of tort liability in brief; Chapter Two studies the status of the principle of fault liability in the history of the ancient Rome, and analyzes the reason of its birth from the aspects of politics, economics and philosophy,etc.; Chapter Three researches into the status of the principle of fault liability in the modern tort law, and its improvements in theory to adapt to the requirement of modem times; Chapter Four analyzes the challenges the principle of fault liability faces in contempory tort law,and considers its status in our future tort law.
Keywords/Search Tags:principle of fault liability, negligence, strict liability, compensation for the damage, status
PDF Full Text Request
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