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Supplementary Responsibility of Tort

Author: LianLiSheng
Tutor: SuiPengSheng
School: China University of Political Science
Course: Civil and Commercial Law
Keywords: supplementary liability joint and several liability is not really the fault security obligations
CLC: D923
Type: Master's thesis
Year: 2010
Downloads: 357
Quote: 1
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Abstract


"Tort Liability Act," marking the promulgation of additional tort liability as an independent tort of tort liability system, and the press were responsible, jointly and severally liable, and do not really constitute a joint responsibility with the tort liability system in China. But added the responsibility of different types of these responsibilities, is a new form of liability. Responsibility for the system to add value and has important practical significance, an effective solution to a third person involved in infringement cases, security obligations shall bear what responsibility, better balance the interests of all parties, so this additional responsibility in the history of carding origin based on the added responsibility system was a more comprehensive analysis of the characteristics and effectiveness of the concept, compared to the added responsibility and liability related to the similarities and differences, while focusing on added responsibilities of the constituent elements and then the judicial process additional responsibility for the problem should be noted.The first chapter from the perspective of safety and security obligations combed the historical context of tort liability to add that there is additional value and significance of responsibility. The second chapter discusses the theoretical basis for additional liability system, supplementary liability system theory is based on fault and fairness. The third chapter focuses on the added responsibility system, including replacement of the concept of responsibility, character and commitment and effectiveness of the rules, and responsibilities related to a comparative analysis. The fourth chapter discusses the additional responsibility of constituent elements, that there is specificity of its constituent elements, in particular emphasis on the fault and causation judgments. The fifth chapter discusses additional responsibilities in the judicial process should pay attention.

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CLC: > Political, legal > Legal > Chinese law > China and France
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