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Study On The Tortious Liability In Case Of Objects Thrown Off Condominium Buildings

Posted on:2011-02-24Degree:MasterType:Thesis
Country:ChinaCandidate:X LiFull Text:PDF
GTID:2166360305479712Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The tortious liabilities in case of objects thrown off Condominium buildings ,discussed in this article ,is that in the condition of Condominium buildings damage resulted from the thrown objects and the real offender not be identified will be compensated by the building users possible offend according to China Tort Law .The tortuous liabilities in case of objects thrown off Condominium buildings is independent type of torts.It is independent from general infringement,and deferent from other special types of tortious libilities,such as the liabilities from common risk,damage caused by building and security obligations.This liability have its own rule. The tortuous liabilities in case of objects thrown off Condominium buildings have two important factors.One is Condominium buildings,the other is throwing objects.The former offers a range of responsibility of person as the building users and thus determined the collective liabilities.The latter,basing on the range offers by the former,further identify the specific person who will compensate the damages by the Presumption of Act .It is the two factors refered above,this article analysis the legitimacy of The collective liabilities in case of objects thrown off Condominium buildings on the base of theory about Condominium buildings .This is just this article's character deferent from others and the importance laies in.After that ,on the Presumption of Act, there is also discussion about the elements of this kind of libility.At last, combinating the theory about Condominium buildings and the Presumption of Act,it is detailed that how the tortious liabilities in case of objects thrown off Condominium buildings will be fullfiled.This liability can be devided into two parts.The outside is collective liability and the inner is shared liability in the building users.It is detailed analysis that the person who take the responsibility,the range of compensations , the recovery and so on.Through the summarization,legitimacy discussion,elements and assume the responsibility,the article study the the tortious liabilities in case of objects thrown off Condominium buildings from my own perspective.It can be hope that the article offer the helpful ideas to the practice and legal interpretation in the coming days.
Keywords/Search Tags:theory on Condominium buildings, Presumption of Act, special torts, collective liability, shared liability
PDF Full Text Request
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