The Study Of Affirmative Duty In Tort Law

Affirmative duty and nonfeasance infringement are collectively called the duty of care assumed by the actor. Nonfeasance infringement refers to that the actor shall negatively carry out certain action to prevent others from damage. Affirmative duty refers that the actor shall positively engage in certain action for the purpose of protecting others’ interest and preventing them from unreasonable damage. In accordance with the distinction between affirmative duty and non affirmative duty, the infringement act is classified as affirmative infringement act and nonfeasance infringement act. The affirmative infringement act has always been the emphasis target in the legal area of infringement. However, with the increasing complexity and variety of social dispute, nonfeasance act has received more and more attention in the legal area of infringement. Under some of the special environmental conditions, we shall actively execute some affirmative obligation, or we will bear the tortuous liability caused by the damages. Affirmative obligation was just an obligation of conduct restricted by morality at the beginning of human society, while with the development of society, the variety of infringement dispute has push the obligation of conduct to a legal restraint area. The acceleration of human society and fineness improvement of production and living have constantly expanded the object scope protected by the tort law, and new infringement behavior type will emerge continuously. The stipulation of affirmative obligation can effectively solve these new cases. This paper discusses the concept of obligation, analyze what is the obligation, the obligation is discussed as a problem to solve. First of all, as the obligations of the comparative study on the countries, mainly introduced as the embodiment and comparison of obligations in the various countries’ legislation, a theoretical basis for the study of obligation. Secondly, all kinds of research on the origin as the obligations arising, as a source of obligations is the inquiry as an important part of obligations, only the research as a source of obligations to good judgment omission. Also, to as standards of duty were analyzed, in order to determine the obligations as there is No. Finally, the analysis of China’s obligations as a situation and puts forward some improvement suggestions.