On The Safety And Security Obligations And Responsibilities Form

the duty to safeguard security in civil law is a duty that one party should take positive measures to safeguard the other party's personal and property security in certain legal relationships. The duty was created by jurists based on the principle of good faith, which is regarded as the monarch clause in civil law, and various prejudications. It's concrete connotations, types and ranges have been gradually developing and expanding. The need of distributive justice under the principle of good faith is the motive force in the development of the theory of duty to safeguard security. The duty coincides with the request of the risk-control theory, economic rationality, confidence relationship and answers for the principle of risk-income consistency, embodies the currents of legislation of modern civil laws. The basic origins of the duty comes from definite stipulations of law, contractual relationships and preceding behaviors etc. The duty could also be concluded by judges according to actual conditions of cases and common sense of social life. Although the duty to safeguard security could be stipulated by contracts, the nature of the duty is generally legal obligation, with the exception of conventional obligation in some special conditions. The characters of the duty are universality in subjects, reasonable limitation in range, complexity in contents and mainly fault liability when the duty is breached. The liability of the person who breaches the duty is personal liability without the intervention of a third party, and could be supplementary liability, joint liability or liability by shares when a third party intervenes. The supplementary liability of the duty have specific rules, it is an ordinal, limited and entitative supplement After taking the supplementary liability, the person who is responsible to the supplementary liability obtains the right to ask the third party to pay for all the compensation he has paid.