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The Research On Obligations Of The First Act

Posted on:2013-04-06Degree:MasterType:Thesis
Country:ChinaCandidate:J Q ZhangFull Text:PDF
GTID:2246330374488286Subject:Law
Abstract/Summary:PDF Full Text Request
Is the first obligation of conduct, due to their own behavior directly involved in the lives of others which led to changes in living resources of others, that have derived from the lives of others to ensure that the obligation to maintain security. Relative to the area of civil law, criminal law arising out of acts of the first not as a crime has been very in-depth research. With the diverse types of civil disputes, the original cause in the form of tort liability can not meet to resolve social conflicts. Behavior caused by the first transplant to the area of civil law as an obligation, arising from tort liability as causing a form of progress in the legal system has become an urgent requirement. Generally, obligations or accountability from two aspects, one is the law, on the other contract agreement. In exceptional circumstances, the absence of special provisions of law, but because it was a special environment, or the perpetrator’s own behavior, but also make no positive obligation to act as the person to have a positive obligation to act as the people converted. If the perpetrator does not fulfill the obligations of the act when the conditions are met, it will constitute as an infringement of harm behavior. To "Zhu Moumou couple v. Humou personal injury compensation dispute,"for example analysis of a special "close community" generated between the first act because of shared responsibility, draw conclusions: As a result of the first act does not constitute infringement, the first act does not require illegal and responsibility, but the first act the result they require. Specifically, the first act must be present, so that the exposure of others at risk, or increase the danger, therefore, as the perpetrator of this obligation and responsibility.
Keywords/Search Tags:antecede actions, the obligations of firstact, compensation for damage
PDF Full Text Request
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