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Analysis On The Supplementary Duty Of Safety-Protection Obligor

Posted on:2013-06-28Degree:MasterType:Thesis
Country:ChinaCandidate:Q L WangFull Text:PDF
GTID:2246330371986311Subject:Civil law
Abstract/Summary:PDF Full Text Request
Along with our country socialist market economy continues to develop and perfect, economic exchanges in People’s Daily life occupy the more and more major proportion. It is no exaggeration to say, people is the role of the consumers to participate in social life.In this case,the interaction between consumers and business operators have become increasingly frequent, so they will also of the friction between the increase. How to guarantee the customer operators in the business premises of the personal and property safety is concerned for the law.This paper mainly based on civil law field, combined the tort liability law "regulation, of security agent added responsibility briefly discusses the rationality of the existence of. Operators in their places in the area of the consumer life and property have security obligations.Security the responsibility of the obligor actually is a special kind of tort liability, is also a kind of legal liability, belong to the additional liability tort law. Additional liability shall be the main responsibility for two or more persons jointly undertake, and bear the responsibility is sequenced the cent of. It as a kind of infringement relatively independent of the liability for compensation mode, has its special meaning,in the third person tort, security agent can apply additional liability, according to replace joint and several liability part of responsibility and not really joint liability. To explore the additional liability, is mainly from the additional liability including damage, the components of the fault, losses, damages and fault causal relationship between the analysis, and there is a third person involved in behavior, the agent and the third person to ensure the safety of the responsibility. Through the long-term judicial practice proved that the generation of additional liability in a certain extent according to make up for the part of responsibility and joint liability applicable flaws, added responsibility as a different from don’t really joint liability independent liability form. Operators only in not doing he shall fulfill the duty of care of when they take responsibility, if this obligation itself is not exist, or he has reached the degree of attention shall be paid, should stop to take responsibility. Finally, this paper puts forward some in theory and in practice further perfect added responsibility suggestions.
Keywords/Search Tags:Supplementary Liability, Security Obligations, Principle of FaultAttributable, Causal Relationship, Tort
PDF Full Text Request
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