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Commitment To A Third Party Tort Liability Of Safety Guarantee Obligor

Posted on:2013-02-13Degree:MasterType:Thesis
Country:ChinaCandidate:Q C ZangFull Text:PDF
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Article37section2of Tort Liability Law of the People’s Republic of China(referred to as tort liability law), provisions of the security obligations to the victimsin the infringement of a third person should bear the supplementary liability. Once againto determine the responsibility for security obligations supplement after the article6section2of the Interpretation on Issues of Laws application to Cases of Compensationfor Personal Injury by the Supreme People’ Court (referred to as personal injurycompensation for judicial interpretation) Indeed,the supplementary liability forsecurity obligations is the effective solution to the responsibility of the problem in theinfringement case in the third party meanwhile obligor of the security deficiencies ofsafety and security obligations and better balance the interests of the parties. Thispaper, on the basis of combed the evolution of security obligations supplementaryliability in tort, discussed the legal basis and practical needs when a third partyinfringement security obligations bear the supplementary liability. The paper hascomparatively studied the security safeguards obligations responsibility in civil law andcommon law when a third party infringed and has done as comprehensive andmulti-angle as possible explanation for the provisions of tort liability law andpersonal injury compensation for judicial interpretation to contribute to the correctapplication of the judicial practice.This article is divided into five sections in addition to the introduction andconclusion.The first part explored the root causes of security obligations supplementaryliability in tort law in China. The second part elaborated the legal basis and practicalneeds when a third party infringement security obligations bear the supplementaryliability of China’s existing laws and regulations set. The third part comparatively studied the security safeguards obligations responsibility in civil law and common lawwhen a third party infringed.Although no conclusions to supplement the provisions ofthe responsibility, but the supplementary liability for security obligations in Chinalearned a lesson of the dilemma of the shared responsibility, whatever share ofresponsibility or joint and several liability in America law and absorbed the legislativetechnique of Swiss law. The fourth part made interpretation through a case for thesupplementary liability of security obligations under the provisions of " personal injurycompensation for judicial interpretation ", include constitutive elements、the basic rulesapplicable etc and comment. The fifth part made interpretation for the supplementaryliability of security obligations under the provisions of tort liability law, includeobligation subject, right subject, scope of responsibility, fault identification, right ofrecourse, exclusion of liability and so on.
Keywords/Search Tags:Supplementary liability, "Personal injury compensation for judicialinterpretation", "Tort liability law", Interpretation
PDF Full Text Request
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