Liability For Damages Caused By Objects Falling Off From Buildings

The tort of the building has been a concern of the academic circles, especially with the increasing of the tort of buildings in recent years. The tort liability act of July 2010, which is a further supplement to the tort liability of the building, has been amended, and the liability of tort liability for damage caused by falling off and falling to the building has been more detailed than before. How to tort liability for damage to buildings is not only a long-term discussion on the theory, but also a barrier to be solved in practice. Because there are some defects in the current legislation, there are some misunderstanding in the practice of the legislation, which leads to a large difference in the relevant decision of the building causing damage to the infringement. In view of this, this article takes "tort liability act" eighty-fifth as the angle of view to analyze the relevant issues of building tort liability, in order to solve the problems in theory and practice. This paper mainly from the following four parts:The first part is the introduction. Firstly, the background and significance of the research are explained, the research direction is pointed out, and the research methods and research objectives of this paper are introduced. Finally, the innovation points of this paper are explained.The second part is the summary of the damage to the building. First of all, the concept of building and related concepts, pointed out that this paper uses the concept of building in a narrow sense; secondly, the paper introduces the evolution of people’s damage to the building, respectively, 126 th, sixteenth and the relevant provisions of the "tort liability act". The research of this part is to provide the research material for the following.The third part is the legislation comparison and analysis of the damage to the building. First of all, in the civil law system in the typical representative of the German and Japanese legislation; second, the United States and the civil law system on the damage of the building of a certain study; finally, China’s "tort liability act," eighty-fifth of the provisions and the provisions of the foreign territory.The fourth part is "tort liability act" eighty-fifth in the building to the responsibility of the damage caused by the responsibility of the responsibility. On the basis of the damage caused by the building, the responsibility of the building causing damage to the people and the responsibility of the damage caused by the three aspects of the comprehensive analysis of the "tort liability act," the eighty-fifth provisions of the building causing damage to the infringement.