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Study Of Civil Liability For Damage Inflicted By Animal

Posted on:2013-02-23Degree:MasterType:Thesis
Country:ChinaCandidate:P P DongFull Text:PDF
GTID:2256330374974208Subject:Law
Abstract/Summary:PDF Full Text Request
In this paper, there is more controversy that feeding the animals causing damageto the tort liability and compensation for this problem in the theory and practice,. Idiscussed that history of the tort liability from animals to cause damage, feeding theanimals cause damage to the constituent elements of the tort, animals cause damage tothe burden of proof of violations, animal tort responsibility, as well as a special typeof the animal causing damage responsibility several aspects of the tort liabilitycompensation for keeping the animals cause damage. Summarize the general view ofthis area and put forward some of their own opinion. Reviewed the developmentprocess of understanding and practice of tort liability on animals cause damage at thesame time, focusing on the General Principles of Civil Law in China before and afterthe enactment of legislation and judicial practice. Animals causing damage liabilityrefers to a domestic animal to cause bodily or interest in property damage, animalkeeper or manager shall bear tort liability. Animals cause damage the primaryresponsibility for a no-fault liability, the only zoo animals causing damage to apply tothe responsibility of the presumption of fault. This article discuss the specific animalscausing damage to the Principle of Liability form elements, the main responsibility&Disclaimer before and animals causing damage to several special types.This article is divided into six parts, the first chapter of Comparative Law bythe Animal Damage Liability consider China’s animal tort liability system, secondchapter describes the concepts and characteristics of the animal causing damage, thethird chapter introduces the Animal Damage Liability elements, the fourth chapterprovides an overview of the principle of animal virulence Liability, Chapter5introduces the animal to assume damage Liability, Chapter6describes a special typeof four animals causing damage.
Keywords/Search Tags:the animals of security, Tierhalterthedanger of annimal, the principle of imputation
PDF Full Text Request
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