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Study On The Liability For Damages Caused By Tossed Objects From High Buildings

Posted on:2015-05-30Degree:MasterType:Thesis
Country:ChinaCandidate:Z G HuFull Text:PDF
GTID:2296330467461664Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The establishment of tort liability law on the upper parabolic liability provides a legal basis for solving the practical cases and also makes the victim get the effective remedy. However, the regulation can not solve all the problems at one time. The regulation still pays more attention to more problems. We must know the conception of the building and the behavior of throwing things from the high building and try to further understand the upper parabolic liability by compares the joint dangerous liability, liability for personal damage caused by the falling object and the liability of breach of violating the safeguard obligation. At the same time, the paper demonstrates the nature and component of liability caused by high-altitude parabolic.the author find there are only few foreign legislation demonstrate the upper parabolic liability after observing the law from another country,more countries solve this problem through another rules. More countries are to solve the problem by other system. For example, the UK and USA mainly rely on the social security system and insurance system. By analyzing the law, we found the there many deficiencies in the stipulation of law:The concept of building user should be further clarified, the distribution of the compensation liability needs to be clear out, the dispute about the distribution of the compensation liability appear among the people who need to take responsibility. Compensation liability limitation provisions are not perfect. And recourse provisions lacks. All of these need to be improved through relevant rules. Finally, in order to make the victim’s relief more reasonable, the system of liability insurance should be introduced.The most important for the introduction of the liability insurance system is to establish the variety of the liability insurance and ascertain the people who need to pay and how to pay the fee of the liability insurance.
Keywords/Search Tags:upper parabolic, moral compensation liability, take on the responsibility, liability insurance
PDF Full Text Request
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