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Research On Supplementary Liability Of Safeguard Obligator

Posted on:2020-08-15Degree:MasterType:Thesis
Country:ChinaCandidate:N N CuiFull Text:PDF
GTID:2416330596981102Subject:Law
Abstract/Summary:PDF Full Text Request
Supplementary responsibility of security obligor meets the needs of current social development for public safety,and provides security guarantee for public places and mass activities.However,because the system of supplementary responsibility of security obligor is developed from the specific reality of our country,and at the same time,it draws lessons from the German obligation of communication security.Theorists and judicial practitioners identify the constitution of supplementary liability of security obligor,the relationship between supplementary liability of security obligor and contract-related liability such as liability for breach of contract and liability for contracting negligence,the specific application situation of Article 37(2)of Tort Liability Law,the bearing of liability,whether security obligor can recover from the direct infringer after assuming supplementary liability,and how to recover it.There are still some differences on compensation and other issues.Firstly,from the point of view of the nature of liability,the supplementary liability of the security obligor is obviously different from the joint and several liability,the general supplementary liability and the untrue joint and several liability in the share of responsibility,the subject of responsibility and the sequence of responsibility,which is the theoretical premise of further applying the law and assuming responsibility to the system.In judicial practice,the phenomenon that the boundaries between supplementary liability of security obligor and contracting negligence liability and breach of contract liability are not clear often occurs.We should start with the basic problems arising from the legal relationship,and analyze the types and scope of factual identification and liability undertaking according to the specific circumstances of the case.Secondly,the supplementary liability of the security obligor is different from that of the individual tort liability and the contracting fault liability because of the different legal relations.Specifically,it is also the focus of this article to clarify the legislative purposes and legislators' value considerations of Article 37,paragraph 2,and Article 12,Article 42 and Article 43 of the Tort Liability Law,and to clarify the applicable boundaries of the relevant articles mentioned above in the light of specific legal facts and circumstances.Among them,when discussing the relationship between the supplementary liability of the security obligor and the liability for negligence in contracting,the author explores the application of law in different situations accordingto the separation of the two liabilities.From two different perspectives of the internal legal relationship and the legal relationship,the author undertakes the responsibility between the same legal relationship subject and the different liabilities that cause the same damage fact.And the application of law has been explored in depth.Finally,for the issue of the responsibility and recovery of the supplementary liability of the security obligor,the basis for establishing the scope of liability and the influencing factors are derived from the question of what "corresponds" to the supplementary liability.They are the fault of the security obligor,the size of the causal force,the ability to control the risk of profit situation,the economic situation,the scale of activities and the influence of the security obligor and the infringed.In addition,the author affirms that the supplementary liability is his own responsibility.At the same time,the third party is malicious and the possibility of guarding against the security obligor is very low.After assuming responsibility,he finds that the third party has maliciously concealed property and within the limitation period,these two situations make it possible to grant the security obligor the right of recourse.Exploration and feasibility.
Keywords/Search Tags:safety obligator, supplementary liability, application of law, Responsibility commitment, Right of recourse
PDF Full Text Request
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