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Animals cause damage to the tort liability of inquiry

Author: ChengYanNi
Tutor: ZhangXueJun
School: Nanjing Normal University
Course: Legal
Keywords: Animal virulence responsibility Imputation Principles The main responsibility Impunity Reasons Compensation mechanism
CLC: D923
Type: Master's thesis
Year: 2008
Downloads: 456
Quote: 4
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Abstract


The animal virulence responsibility is a special tort liability of the General Principles of the Civil Law been provided, either in the theory or in the judicial practice, the provisions applicable to a lot of controversy, the need to carry out in-depth discussion. More detailed analysis of the the Animal Damage Liability controversial issues, especially the imputation principles and responsibilities of the main identified, and exemptions, to do a more in-depth inquiry. By the principles of civil law and common law animal virulence Liability comparative investigation, and animal virulence Liability principles combined with our current situation, I believe that the need of animal virulence Liability principle reposition classification, shall be performed on animals, corresponding to the adoption of no-fault liability and presumption of fault Imputation Principle of binary system. On the issues identified in the main responsibility, the main responsibility for the problem of identification when the manager of the keeper of the animal is inconsistent, and animals from breeding or manager, \explained, judicial practice departments, legal theory to solve these two problems the views of nor unified. When the manager of the keeper of the animal is inconsistent, accountability is mainly there are two views, the first view is that by the animal keepers and managers jointly and severally liable, the second view is that by the managers to assume responsibility. Two views each have some truth, but starting from the spirit of the legislation of the General Principles of the Civil Law, and give full consideration to the protection of the interests of the victims, I think that the responsibility should be borne by the Manager, bear keeper supplement joint and several liability, in order to manage not afford to pay part or all of the compensation, the victim from the keepers get compensation. Research on the question of damages caused in animals from the farmer or manager, our assertion on behalf of scholars, but also different opinions, I combine the relevant legal principles, trying to analyze and discuss the issue from a theoretical point of view. Although animal virulence of the General Principles of the Civil Law of the keeper or manager Disclaimer condition provisions, but more general, and the author in a comparative study on the basis of the relevant foreign legislation, detailed classification and induction Disclaimer reasons, put forward their own insights and find out in line with the theoretical basis of legal principles and applicable to the specific case. In addition, the animals referred to in the not domesticated wild animals and the application of the General Principles of the Civil Law of Damages Caused by the terms of the responsibility, but not domesticated wild animals cause damage example is not uncommon, but our respective national compensation mechanisms and imperfect, no uniform national standard of compensation over the practice is not consistent, is detrimental to the interests of the victim's compensation is not conducive to the protection of wild animals. This paper attempts to compensation from the national point of view, the domestication of wild animals is not caused by the authority of the legal basis for the damage relief and compensation obligations set to put forward their own views and ideas.

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