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On The Security Obligations

Posted on:2007-06-20Degree:MasterType:Thesis
Country:ChinaCandidate:Z J KangFull Text:PDF
GTID:2206360185971949Subject:Law
Abstract/Summary:PDF Full Text Request
The safety is very important on development of society at present, safety is more important than freedom, because safety delegate existence,it is free foundation .weighing security of safety and freedom up, so dangerous responsibility gradually estabilish and enlarge on development of tort, that is that it is enlarged to absolute liability from traditional negligence liability, from forbiding to hurt another person and do not making danger to protecting anothr and eradicating the danger, in the wake of development of society, traditional dangerous liability have been changed silently, scope of dangerous responsibility is enlarged to all perilousness from high danger nearly, the danger is returned to its true features gradually, that is that right and interest of main body being faced with threat is go to form state of fact of harm, safe duty being nucleus with the danger is paid great attention to day by day. its influence is enlarged unceasingly, so safe duty of security stem from the dangerous responsibility, it is products of development of modern law of tort unceasingly, practically it constitute component of public order.From the development tendency of the modern tort law. We can find that the right infringement responsibility analysis pattern also slowly transforms from "the error harm fact causal relation" to" the harm attention duty causal relation". The generalized responsibility of danger enrich the attention duty day after day, Security obligation has actually determined one kind of basic attention duty rule, that is a conductive duty group with a core that meets danger The union tort law has a development tendency to the infringement responsibility law, it is more and more reasonable that take the security obligation responsibility as the right infringement responsibility. The security obligation shall be the concrete application of non-conductive duty and different from the traditional non- conductive duty. Therefore, in the traditional tort law, the scope of non- conductive duty is narrow with core of...
Keywords/Search Tags:security obligation, tort, foreseeable rule, quota compensation, liability insurance
PDF Full Text Request
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