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Responsibility Under The Third Person Involved In The Case Of Security Obligations Infringement

Posted on:2014-02-02Degree:MasterType:Thesis
Country:ChinaCandidate:S C DingFull Text:PDF
GTID:2266330401984938Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
China’s "tort liability law" regulation: because of the third people’s behaviorcauses damage to others, managers in public places not security obligations, shall bearthe corresponding supplementary liability. The provisions stipulated in the thirdperson involved in cases, security obligor didn’t fulfill the duty security, thesupplement responsibility. Seemingly simple and clear provisions, but the judgeapplies the law in the judicial affairs article problem. In this kind of special tort typesof, not to consider the third person and the safety guarantee obligation on both sidesof the fault, size, etc., cause and entirely with security obligor supplementresponsibility, in the third person and the safety guarantee obligation between produceunfair results. In addition, in "tort liability act", can’t find the supplementresponsibility corresponding "object". Provisions added responsibility and which isappropriate, there is no clear answer, the judge standard. This paper will on the basisof the safety guarantee obligation theory, analysis the advantages and defects ofsupplementary liability, in case safety guarantee obligation to a third person take talkabout the idea of personal tort liability. This paper divided into three parts:Chapter1: overview of security obligations, mainly introduces the securityobligation in different rules in the two law systems, as well as the safety guaranteeobligation theory in the development of our country.Chapter2: reflection of supplementary liability, this part mainly analyzes thesupplement responsibility exists some unreasonable place.Chapter3: Third person behavior intervention in case safety guarantee obligationof tort liability, after reflection on added responsibility, for the safety guaranteeobligation to do a brief analysis of tort liability.
Keywords/Search Tags:security obligations, the corresponding supplementary liability, supplementary liability, fault degree
PDF Full Text Request
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