Study On Supplementary Liability Of Delict

This thesis firstly gives treatise to the content of supplement responsibility of delict and defines the supplementary responsibility of delict as a kind of risk responsibility, then the supplement responsibility of the delict person after the incapability recognizes that direct infringement person or direct infringement person undertake the recompense responsibility of second order while compensating the premise of capability scarcity, may face while making track for Chang actual total loss toward the direct infringement person of be subjected to Chang incapability and make track for Chang the risk responsibility of procedure burden for expending wanted, and gives analysis to the character of supplementary responsibility of delict, thinks that the supplementary responsibility of delict is a kind of legal responsibility, raises to injure the risk of the result occurrence to is the reason that the infringement adds responsibility person's respond and undertakes of Be just second order of supplementary recompense responsibility, is a kind of risk responsibility, and possesses the making track for of full amount Chang power, moreover ,elaborates the legal theory basis(namely increase damage result occurrence of risk) of the supplementary responsibility and the supplementary responsibility of delict as a kind of meaning of independent responsibility assumption appearance to elaborate in detail; Secondly, making explicit partitioning with the supplementary responsibility of delict and other civil case responsibilities including by responsibility, joint liability, anti real joint liability and with easily confuse in the judicial fulfillment of act for the responsibility, packing sheet paid responsibility and tender responsibility expects to provide a certain meaning to the judicial fulfillment up of theory instruction; Finally, the essay gives a study on the range of supplementary responsibility of delict and the right making track for , the writer thinks that the range of supplement responsibility of delict should be a complete supplement to compensate a responsibility ,namely undertaking a direct infringement person assumption recompense post - remaining responsibility quota, and possess the right of making track for full amount to the direct infringement person.