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On The Supplementary Liability In Torts Law

Posted on:2011-12-30Degree:MasterType:Thesis
Country:ChinaCandidate:X M ZhangFull Text:PDF
GTID:2166360332456880Subject:Law
Abstract/Summary:PDF Full Text Request
Using the comparison analysis and historical analysis method, the problem of origin, through the responsibility to supplement the generation, development, and application in the judicial practice in the process and produces the argument and thinking, tort liability for added a new responsibility. Then through the analysis of additional liability and property in the judicial practice and summarizes the application that is still unable to give added responsibility under a complete and can be widely accepted definition reason lies in the development of economic and social conditions and different subjects interest orientation. Through the origin and historical responsibility for supplementary investigation, send a context for added responsibility theory and practice, which implied comparison of additional liability, in the analysis of the structure of supplementary responsibility theory on a try. This section discusses four points.The first chapter is the basic problem of added responsibility. The supplement of the impingement liabilities from the origin of properties of infringement of the type that added responsibility is analyzed, and violation of statutory obligation and the civil liability of the.Then in the second chapter, based on the origin of social security, added responsibility, liability for Germany on the tort liability of social security of historical development and the method of analysis, from Germany, the origin of social security obligations, cause of social security obligations to protect the rights and interests of the function, and German civil code in the aspects of the position, and the social security of China and the obligations typifications typifications infringement.The third chapter based on general tort liability as a starting point, the components of the illegal ACTS, damage from the fact, the causal relationship between the fault and demonstration and analysis on the four aspects, from the general abstract, added to the special tort liability constituents. In this paper, from the last part of the judicial practice in China based on the tort liability applicable range of supplementary force analysis, summed up the legislation and judicial process about the scope of compensation and the salved existing problems and puts forward corresponding Suggestions and opinions. Finally concluded that added responsibility is a positive growth and development in the practice of a new form of liability.?...
Keywords/Search Tags:Added-responsibility, Tort-liability, Security-obligations, Verkehr-spflichten, Recourse
PDF Full Text Request
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