Research On Liability For Damage Caused By Domestic Animals

The provision of liability for damage caused by domestic animals is onlyprovided in the Article127of the general principle of the civil law before the formalimplementation of the tort liability law. Although this article has made provisionsabout the liability body and the exemptions, there are some controversies of theunderstanding of this article for the application of the case. The tort liability lawformally enacted in2010has keep the liability for damage caused by domesticanimals included as a separate chapter to adjust. It is obvious that the legislators alsoaware of the importance and complexity of the problem.Relative to the general principles of the civil law, the provisions of the tortliability law is more comprehensive and specific. For example, the principle ofimputation is more diversified; the application of the exemption was strictly limited.But it is still not completely satisfied of the solution for the complex problem in reallife. There are still some controversies for the understanding and application of somespecific provisions in the theoretical and practice circle.This paper is divided into five chapters except introduction and epilogue.The first chapter introduced the basic theory of the liability for damage causedby domestic animals. First, the author expounds the theoretic basis of the liability fordamager caused by domestic animals, the dangerous responsibility theory and theprinciple of vicarious liability. Secondly, introduced some provisions of other countries in the world. Finally, we discussed the constitutive requirements in ourcountry and focus on the understanding of the scope of animal and the danger ofanimal.The second chapter is the introduction of the liability body of the liability fordamage caused by domestic animals. The author first introduced the law of liabilitybody in other countries and regions. Secondly, discussed the scope of keeper andmanager in the tort liability law and analyzes the determination of the liability bodywhen the keeper and manager were not the same person. Finally, the author discussedthe problem of the allocation of responsibilities in the case of the sale or theft.The third chapter is the introduction of the exemption of the liability for damagecaused by domestic animals. The author made a detailed analysis for the victim’s fault,the third party fault, force majeure and disclaimer agreement respectively.The fourth chapter introduced some special types of the liability for damagecaused by domestic animals provided in the tort liability law, such as the liabilitycaused by failure to take animal safety measures in violation of managementregulations, the liability caused by dangerous animals such as violent dogs whoserearing is banned, the liability caused by zoo animals, the liability caused byabandoned or escaped animals during the period of abandonment or escape.The fifth chapter is some thinking of the specific application in case of thechapter10on tort liability law. The author reflects on the lack of legislation on the tortliability law, such as treat zoo animals differently is not properly, the operability of theprovisions of the liability caused by abandoned or escaped animals during the periodof abandonment or escape is not enough, and put forward the correspondingimprovement suggestions to solve these problems.