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On Contributory Negligence

Posted on:2007-06-03Degree:MasterType:Thesis
Country:ChinaCandidate:Y P JiaoFull Text:PDF
GTID:2206360212970418Subject:Law
Abstract/Summary:PDF Full Text Request
Compensation culpa compensation, is refers to the harm the occurrence or the expansion, the victim also has the error, the court may depend on its authority, reduces according to the certain standard or avoids injures person's compensation responsibility, thus just assignment harm one kind of system."General provisions of the civil law" 131st stipulation "The victim also has the mistake regarding the harm occurrence, may reduce violates person's civil liability " "Supreme People's Court about Tries Person Damage compensate Case To be suitable Legal Certain Questions Explanation" 2nd article stipulation "The victim has intentionally, the error to the identical harm occurrence or the expansion, according to general provisions of the civil law 131st stipulation, may reduce or avoid compensates volunteer's compensation responsibility, but the right infringement person because intentionally or harms the significant error to the person, the victim only the general error, dces not reduce compensates volunteer's compensation responsibility, is suitable "General provisions of the civil law" the 106th 3rd section stipulation determination to compensate volunteer's compensation responsibility, the victim has the significant error, May reduce compensates volunteer's compensation responsibility".Compensation culpa compensation not only is suitable for the mistake responsibility domain, also is utilized by the modern abuse of authority law expansion the non- mistake domain. In is suitable the non- mistake responsibility principle in the special responsibility right infringement case, handles a case the person to advocate reduces victim's error which its compensation responsibility post of appointment should use judge ment, is restricted in the significant error. This meant, non-mistake responsibility original intention in protection victim, vertical injures the person also to harm to the error is responsible, Therefore, the victim has the error, Considers to its error must injure the person to take the error responsibility the situation to be lighter than. Also is injuring the person to take the error responsibility the situation, the victim has the significant error, if the similar error replacement in injures the person to take the non- error responsibility in the situation, then considers victim's error or...
Keywords/Search Tags:Compensation culpa compensation, Contributory negligence, Common mistake, Mix mistake
PDF Full Text Request
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