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On Solution to Infringement Caused by the Throwing Object from the Condominium Building

Author: YangBing
Tutor: LiuXinWen
School: China University of Political Science
Course: Civil and Commercial Law
Keywords: damages caused by the throwing object condominium building Solution balance of interests
CLC: D923
Type: Master's thesis
Year: 2011
Downloads: 55
Quote: 2
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Abstract

There are many disputes on damages caused by the throwing object from high buildings. At present, the article 87 of the Tort Liability Law had clear provisions on this question. That is when the throwing objects from the building causing damage to others and difficult to identify the specific tortfeasor, the users of the building who may throw the object should undertake the compensation liability, in addition to the infringers who can prove that they are not the real tortfeasor. For this article, there are still mixed comments. I had draw a comprehensive analysis about the various solutions including the tort law and others to the damages caused by the throwing object, in order to find out the most suitable method to solve the problem of the throwing objects. And thus to examine the article 87 of the Tort Liability Law reasonable or not and whether there are some imperfections in the law.This thesis is divided into three parts.In the first part, disputes on the solutions to the damages caused by the throwing object. This part mainly cards and analyses the disputes on the solutions to the damages caused by the throwing object. It includes the theoretical and practical points on this problem before the promulgation of the tort Liability Law, the various provisions of the drafts during the Tort Liability Law enacted and the final provisions of the Tort Liability Law. I intend to propose the various solutions to the damages caused by the throwing object in this part.In the second part, the dilemma of the solutions to the damages caused by the throwing object. Based on the first part,this part has draw a conclusion that is if the users of the building who may throw the object undertake the liability, it is not in accordance with the additional tort theories; if the method outside the tort law can achieve the purpose of victim relief, that is feasible. But in our country, other solutions such as state compensation, social security, insurance can not give relief to the victim because of the strict restriction on their scope or subjects.In the third part, using the theory of balance of interests to go out of the dilemma. This chapter is the core of this thesis. It is not in accordance with the additional tort theories if the users of the building who may throw the object undertake the liability, and it also can not achieve the purpose of victim relief through the other methods exception of the tort law. But there will cause a series of problems when not giving relief to the victim. It can be said, the problem of the throwing object must be solved. Law as a superstructure should serve one country’s economic base. Throughout the history of the tort law, it was improved due to the development of the economy. When the traditional tort theories can not solve the problem of the throwing object and no other way can solve the problem, we can use the other theories of the modern tort law to solve this problem. On the problem of the throwing object, I intend to use the theory of balance of interests to solve this problem. This chapter mainly discuss the problem of the theory of balance of interests. And in the guidance of the theory of balance of interests, I gave a comprehensive interpretation of the article 87 of Tort Liability law. While affirming the positive significance of article 87, I also pointed out the imperfections.

On Solution to Infringement Caused by the Throwing Object from the Condominium Building

Abstract

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