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On Supplementary Liabilities In "Tort Law"

Posted on:2013-08-26Degree:MasterType:Thesis
Country:ChinaCandidate:W S LuFull Text:PDF
GTID:2246330374974302Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
There are three articles which involve the words “assume the correspondingcomplementary liability” in “Tort Law of the People’s Republic of China”, markingthe promulgation of supplementary liability as an independent liability system.However, a lot of disputed problems need to be resolved.Studies on supplementary liabilities in this thesis are mainly aimed at the normalomission tort cases in which the third person involve. The thesis takes omission tort askey point, analyzes the duty of care, focuses on the issue of causation, and discussesthe problems as follows: Firstly, what is the legal theoretical foundation of thesupplementary liabilities. Secondly, how to apply the supplementary liabilities. Thethesis contains five parts.The first section briefly describes the concept of the supplementary liabilities andrelative laws in our country. There are mainly four questions on the supplementaryliabilities. The first is what the legal theoretical foundation of the supplementaryliabilities is. The second is whether the liabilities mean limited supplementaryliabilities or full supplementary liabilities. The third is whether the person whoassumes the supplementary liabilities can ask for indemnification toward the thirdperson or not. The last question is whether the supplementary liabilities can be applied or not when the plaintiff chooses to claim the compensation by the violating andinfringing party of liabilities for breach of contract and to claim the compensation bythe other infringing party of liabilities for infringement.The second section discusses the constitution of liabilities, which begins with theduty of care.The third section continues to discuss the constitution of liabilities, which startsfrom the causation, then analyzes the situation where the harm is caused by the thirdperson.The fourth section discusses the assuming of liabilities and the indemnification,and points out that the supplementary liabilities are unreal joint and several liabilities.At the same time, this section also discusses the last question above mentioned.The fifth section is the conclusion. When persons who assume the supplementaryliabilities increase the risk, the causation in fact will be sufficient. However, the thirdperson’s intervention act must be taken into consideration in order that thesupplementary liabilities can be limited. Based on aforementioned reasons, the personwho assumes the supplementary liabilities shall have the right to ask forindemnification toward the third person in practice. At the same time, when theplaintiff chooses to claim the compensation by the violating and infringing party ofliabilities for breach of contract and to claim the compensation by the other infringingparty of liabilities for infringement, the supplementary liabilities can also be applied.
Keywords/Search Tags:supplementary liability, duty of care, the third person’sintervention act, unreal joint and several liabilities
PDF Full Text Request
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