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The Elements Of Security Safeguards Obligations Added Responsibility

Posted on:2008-02-12Degree:MasterType:Thesis
Country:ChinaCandidate:F M WangFull Text:PDF
GTID:2206360215460810Subject:Law
Abstract/Summary:PDF Full Text Request
The insurance obligor replenishes the model that responsibility replenishes responsibility with on belonging to one kind of peculiar tort responsibility, belonging to tort law with a form. It is under pointing to condition leading to others be damaged in third people tort, the insurance obligor has fault's, is able to guard against corresponding complement liability for damages born by the range inner possibly stopping damage in the person. The difference insurance obligor replenishes responsibility and sort with number person tort responsibility and the category tort supplements responsibility other being in progress mainly by about two aspect: One is the responsibility main body, two is to compose important condition. But, the responsibility main body is also to owe responsibility the content composing the important condition should have.The main body of a book text includes several the following parts:One, introduction. Start with the concept that the insurance obligor replenishes responsibility with mainly, the obligor who discusses insurance and their core is composing important condition insurance duty, heavy investigation and discussion insurance duty theory origin and character, from the duty expounding and proving insurance having diversity on origin, both can originate from the contract convention or direct law regulation and, can originate from honest credit of social life middle general requirements; Belong to tort law previous kind of relatively independent duty kind, violate this duty undertaking be tort responsibility but be not contracted responsibility from talking on the character. Come the main body of a book to be structured the insurance obligor replenish the responsibility formation with important condition being to be one rationale with this. Suggest that the formation that the insurance obligor replenishes responsibility with should include two entity important condition and procedure important condition aspect.Two, the insurance obligor replenishes the entity important condition that responsibility composes with analysis. The main body of a book think that the entity important condition that the insurance obligor replenishes responsibility with has four: One is third people tort and insurance obligor the whole small side door happened as behavior. Source and insurance should emphasize the duty having discussed insurance when important condition in analysis, duty replenishes responsibility with the manifestation that person is not. Two is that the aggrieved party has damaging fact. The range having discussed an aggrieved party's, the duty damaging range and insurance replenish a responsibility people with the range responding to the compensation for damages bearing it. Three are that behavior and damage not having used up insurance duty have causal relationship to do between fact. The obligor who has expounded and proven insurance by entering you to immediate cause theory introduction being commensurate to the causal relationship and UK-US law, replenishes cause structure and causal relationship in responsibility with a certificate. Four have a fault on being that insurance duty replenishes a responsibility people with subjectivity. Should adopt fault to deduce principle on firm belief having commented that in replenishing responsibility with person fault, have set forth insurance obligor fault in replenishing fault in responsibility with a form and supplementing responsibility neutralizing each other.Three, the insurance obligor replenishes the procedure important condition that responsibility composes with analysis. Be procedure important condition's turn to it is palpus to relieve with the aggrieved party to direct responsibility person view being able to not be satisfied with for the premise. This is also that the insurance obligor replenishes responsibility with the important characteristic differentiating in supplementing responsibility other or counting person tort responsibility other. Under premise there existing in person in direct responsibility priority has been discussed, the aggrieved party advocates that legal action relieves the time order demanding and is legal action structure and character turn.
Keywords/Search Tags:Insurance obligor, Supplement responsibility, Compose important condition
PDF Full Text Request
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