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The System Of Contributory Negligence In The Filed Of No-fault Liability

Posted on:2013-12-04Degree:MasterType:Thesis
Country:ChinaCandidate:K WangFull Text:PDF
GTID:2246330374968978Subject:Civil and Commercial Law
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The rule of contributory negligence implies the contributory impact of the victim on the damage, emphasizes that the victim is responsible for the damage as a result of his negligence, and doesn’t require the concurrence of the negligence of the wrongdoer and the victim. The no-fault liability irrespective of the negligence of the wrongdoer and the victim actually refers to the No-fault Compensation, which has nothing to do with the tort law. The core of the strict liability in the Common Law, the danger liability in the German law and the no-fault liability in the district of Taiwan and the mainland all lies in the disregarding of the negligence of the wrongdoer in the process of the imputation of the responsibility, which means that the wrongdoer is not allowed to apply the inexistence of the negligence as defense. The Danger Doctrine makes clear the theoretical basis of the no-fault liability, in accordance with that the executor of the risk behavior or the custodian of the dangerous article ought to undertake the obligation, which the danger will not realistically encroach on the legitimate rights and interests of others. Otherwise they must shoulder the liability for damage. The theoretical foundation of contributory negligence rests with the responsibility principle, which can also apply to no-fault liability. The willful act of the victim, which is formulated in Article27of Tort liability law of the People’s Republic of China, refers in fact to the interrupt of causality between the conduct of the wrongdoer and the damage. The application of Article26rejects the cases included by the Article27. The criterions of fault degree comparison and of cause strength comparison are interrelated; there into the fault degree comparison is primary and the cause strength comparison is secondary. This Principle is applicable even in the no-fault liability field, when the fault degree of the wrongdoer is ascertainable.
Keywords/Search Tags:contributory negligence, no-fault liability, danger doctrine, responsibility principle, fault degreecomparison
PDF Full Text Request
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