The Study On The Application Of Rules For Animal Tort Liability

According to the provisions of Article 78 of the Tort Liability Act,the keeping of animals causes damage to others,and the animal keeper or manager shall bear the corresponding tort liability.Judging from the legislator's legislative intent and judicial practice,the current mainstream view of the definition of “animal keeper or manager” is slightly closer to the German “guarantee”.However,this argument is not very reasonable.Regarding the definition of the two,more emphasis should be placed on the "control-centered" doctrine.Therefore,by summarizing domestic and foreign legal regulations and various viewpoints of the academic community,on the basis of the doctrine of “control as the center”,the issue of the applicable rules of the subject of the responsibility of the animal keeper and manager should be differentiated by type: First,when the animal-breeding infringement damage occurs,if the breeder and the manager are the same subject,or there is only a breeder,or there is only a manager,the breeder or the manager shall bear the liability for compensation.Second,when the breeder and the manager exist at the same time,and the two are not the same subject,the party that actually controls the animal bears the sole responsibility.Under special circumstances,the two parties bear joint responsibility.The infringed person may request compensation from the animal keeper or claim compensation from the animal keeper,and the actor responsible for the responsibilities may seek compensation from another actor.