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On Supplementary Liabilities Of Security Obligators When Involved A Third Person

Posted on:2019-05-27Degree:MasterType:Thesis
Country:ChinaCandidate:N AnFull Text:PDF
GTID:2416330623953551Subject:Civil and commercial law
Abstract/Summary:PDF Full Text Request
Article 37 of the Tort Liability Law stipulates the regulations that security obligations shall bear the corresponding supplementary liability of the third people involved,the term is simple,so it is controversial for the provision of theory or practice,such as the elements of security obligations liability,if it is appropriate of supplementary liability,how to explain the corresponding supplementary liability,if it is reasonable of recovery right.This article is based on the analysis of the legal basis of the existence of different responsibilities,and in view of the above disputes,this article is divided into five parts.The first part is to analyze the development source of security obligor and the establishment process of tort law in our country.The main point is to draw a conclusion that the scope of security obligation should be interpreted broadly based on the platform of free riding network.Online car-hailing platform shall be identified as the obligatory agent of security,and the victim can apply for rights relief to the network platform according to article 37 of the tort liability law.The second part is to analyze the responsibility principle of security obligor.With regard to the principle of liability,this paper focuses on determining what principle of liability should be applied to the tort of security obligor by comparing and analyzing the application of each principle of liability,and analyzing whether theprinciple of equitable liability of liability should be applied in the application of the case of security obligation in practice.The third part focuses on the analysis of the scope of security obligations and the causal relationship between the behavior and the results.With regard to the scope of security obligations and the particularity of the security obligation,the principles and factors that need to be considered to defy the scope of safety and security obligations.Based on the comparative analysis of the existing causality theory,we put forward a way to judge the causal relationship.The fourth part is the key chapter of this article,the analysis of security obligor and the third party liability of the victim,introduces the theoretical foundation of the security obligation of responsibility,by comparing the main theory in our country,for not really joint and several liability,according to responsibility,supplementary liability a variety of forms,explore their responsibility in the form of advantages and disadvantages,and finally confirm the rationality of the supplementary liability is discussed in this paper.When both the security obligor and the third party are subjectively negligent torts,considering the connection with article 12 of the tort liability law,both parties shall assume their respective responsibilities.According to the different subjective forms of the infringer,the scope of application of supplementary liability should be limited to the intentional situation of the third party.The last part is the analysis of the internal liability of the security obligation and the third person,corresponding supplementary liability is not contrary to the legal theory of supplementary liability,and explore the share of internal standards between the obligor and third person,and affirmed the recovery right is rational.
Keywords/Search Tags:Security obligations, Supplementary liability, Recovery Right, Responsibility
PDF Full Text Request
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