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Not As A Preliminary Investigation Of Infringement

Posted on:2017-03-26Degree:MasterType:Thesis
Country:ChinaCandidate:H Z HanFull Text:PDF
GTID:2356330503965172Subject:legal
Abstract/Summary:PDF Full Text Request
As a modern tort law is not as important elements of tort liability system, as early as in the ancient Roman law had already seen specific provisions related. It includes the death by negligence of another person by slaves responsibility, throwing and throwing down the responsibility, the responsibility of stacking or hanging objects, owners, hoteliers and operators stables responsibility and liability of the animals to cause harm.When Roman law tort liability asserted to "fault will be punished" as a general principle of liability for other places in the form of a typical case of special circumstances were special liability standards.Not as long as the perpetrator makes the victim suffer Therefore, the fact that the law allowing victims to appeal for relief.Although Roman law on non-infringement as specific operations and modern tort law is very different, but it laid an important foundation for the development of modern tort liability system, for the later development of the law has played an important role.Modern Tort Law Omission of constituent elements include five aspects:One perpetrator bears certain obligations; the second is the behavior of people are not doing that particular obligation;The third is that the legitimate interests of a particular obligation to protect human behavior is compromised; Fourth, there is a causal relationship with the perpetrator is not as consequences of the damage; Fifth, the presence of the perpetrator subjective fault.Which is a particular obligation as a duty, their sources are: law, business or on the job requirements, the perpetrator's previous behavior, conduct voluntary behavior.With the social development of many new types of Omission,For example, virtual property infringement, Misrepresentation professionals, public figures engaging in false advertising infringement,This is the result of social development to adapt to change is not a tort theory, as a reasonable expansion phenomenon obligations?However, as the expansion of the obligation must be modest and prudent, otherwise it will hamper the social progress and legal development.For example, whether it should be investigated passers "neglecting" the omission liability issues,According to law, passers-by did not have the duty of assistance, their behavior does not meet the requirements do not constitute a violation of the main responsibility, should not bear tort liability.And charged with specific rescue obligations of state organs, professional staff of aid agencies if "neglecting" the organs, institutions should bear tort liability omission.
Keywords/Search Tags:Nonfeasance, Elements, a source of obligations, obligations as expansion and limitation, neglecting
PDF Full Text Request
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