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By Civil Liability with Kindness

Author: YangYan
Tutor: HaiTang
School: Inner Mongolia University
Course: Legal
Keywords: Good Will by Fault liability Derate compensation
CLC: D923
Type: Master's thesis
Year: 2011
Downloads: 102
Quote: 0
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Abstract


"Good Will by" is a type of social phenomenon with legal language expressing, it is being concerned by the whole community because of such social phenomena caused by traffic accidents increasing year by year,will rise to the level of legal research. Therefore, many experts did a lot of research in this field. First of all, the article did the comparative analysis about the concept of "Good Will by" and the composition elements, then introduced several controversial about the "Good Will by" of nature and attribution of responsibility. Finally, the author elaborated the knowledge and understanding on the "Good Will by" of the principles of responsibility. The author believes that "good intentions with the ride" is a fact of behavior, and under the certain circumstances is a quasi-contractual relationship. When accident occurred with "Good Will by", the principle should be used to handle fault Liability, but should reduce the driver or vehicle owner’s liability is properly. Legislation in the future after the occurrence of such phenomena should be guidelines and specifications about how to apply law to apply the朗读Legislation should also be clear, "Good Will by" the nature and constituent elements, and after a traffic accident Liability determination. Norms in the insurance legislation on compulsory insurance should be to strengthen the content. In order to "take the same good intentions" after the accident occurred during the same ride and better protect the interests of both well-intentioned people can be in the social insurance compensation on risk transfer.

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