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The Principle Of Fault Liability. Tort Law Study

Posted on:2006-12-30Degree:MasterType:Thesis
Country:ChinaCandidate:Y X PeiFull Text:PDF
GTID:2206360152487838Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Theme: Research on tort liability doctrine in law of tort Abstract of content:The tort liability doctrine was established in Lex Aquilia of Roman law first. "Civil Code of France "in 1804 continued the idea of the Rome law, which made the tort liability doctrine re-established. And with its strong time spirit, it was honored as one of the three major theories foundation stone of the private law, together with "ownership sacredness" and "party autonomy", consequently it became the doctrine of liability fixation of tort liability with general significance and abstract in continental law system countries. With the development of society and changes of the times, however, especially after entering the 20th century, the tort liability doctrine, especially subjective fault theory, was challenged by principle of strict liability, liability insurance system and objective fault theory, and the rationality foundation of traditional tort liability doctrine was queried by some scholars both at home and abroad. What kind of change has taken place about the tort theory in traditional civil law in modern times? As a kind of foundation of liability fixation, how can tort adapt to the changed era? What are their relation as well as its own connotation of "subjective fault" and "objective fault"? How to define tort scientifically? After combing and investigating the historical vicissitude of tort doctrine in two fundamental laws, this text holds that "subjective fault theory" cannot adapt to the changed era because of its own limitation, either can meet the developing trend that "the fault is objectified , the responsibility is stricter "of modern law of tort. Our country future tort law should adopt objectified liability fixation principle, to re-structure the tort liability doctrine with infringement of legal obligation of behavior as the main respect, to strengthen the protection of victim's interests, thus realize the justice of the society.
Keywords/Search Tags:law of tort, tort liability doctrine, legal obligation of behavior, subjective fault, objective fault
PDF Full Text Request
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