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Number Of Tort Type Of Study

Posted on:2007-05-31Degree:MasterType:Thesis
Country:ChinaCandidate:W L ZhangFull Text:PDF
GTID:2206360212470451Subject:Law
Abstract/Summary:PDF Full Text Request
Several tort, the types of which are complicated, is very common to see. At present, most scholars classify and study it from the nature of tort itself thus to determine the liability of different types of it. Because this method does not present us a distinct thingking, we cannot make it clear the co-relation between different patterns of several tort. To have a try, the author of this article aims to study several tort according to its types from the angle of view of different liabilities of it.According to the different undertaking forms of liability, this article divides several tort into four categories: several tort undertaking joint and several liability, several tort undertaking propotional liability, several tort undertaking unreal joint and several liability and several tort undertaking supplementary liability.In discussing the several tort undertaking joint and several liability, this article analyses specifically the four types of it: joint tort, joint dangerous act, tort of partners and tort of body members, elaborates the concept, charecteristics and constructional elements of each type. In order to distinguish them easily, this article also makes a contrast study of the major types. Additionally, this article expounds the patterns of liability undertaking of each tortfeasor and the determination of the internal liability and compensation of each actors.In discussing the several tort undertaking propotional liability, this article poses the concepts and characteristics of joint torts without related faults and advances that the tortfeasors without related faults should undertake their liability according to their own fault degree and reason. Although the author does not agree that judicial interpretation divides the several tort without faults into "derect link" and "inderect link", taking the judicial practice into concideration, this article expounds the methods of distinguishing these two types.In discussing the several tort undertaking with unreal joint liability, this article poses the concept of unreal liability and the constuction of several tort undertaking unreal jiont liability. Also, this article discusses the problems of undertaking unreal joint liability from three aspects: the internal effects of unreal joint liability, the external effects of unreal joint liability and exercise of victim claim.
Keywords/Search Tags:several tort, joint and several liability, propotional liability, unreal joint and several liability, supplementary liability
PDF Full Text Request
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