Dissertation > Excellent graduate degree dissertation topics show

The Research of Civil Liability Causing by Hitchhiking

Author: ShenLi
Tutor: HanChangYin
School: Shanghai Jiaotong University
Course: Legal
Keywords: hitchhiking gefaligkeiten liability for tort safyt assuring duties fault liability fairness doctrine
CLC: D923
Type: Master's thesis
Year: 2008
Downloads: 382
Quote: 3
Read: Download Dissertation

Abstract


The injury causing by hitchhiking is causing by a peculiar traffic accident and the Law on Road Traffic Safety and other regulations about road safety don’t say more about such accidents. The principle of liability without fault can’t be applied here for the suffer is inside the car .At the same time ,the one caused harm should be diminished liability for his favor.So far,there are not consensus about this question whether in theory circle or in practical circle. This paper aims to form a new system of accoutability to settle the difficulities we faced ,and to arouse further studies on this issue.Firstly,this paper analyzed the nature of hichiking:it’s a“Gefalligkeiten”,but not a legal act or a factual behaviors .We can’t settle suche problems using the passenger carrige contract theory ,for there isn’t contract in "Gefalligkeiten".In the similar way ,the principle of liability without fault can’t be applied here too. Secondly,this paper analyzed the nature of the liability causing byhitchhiking.In hitchhiking,the driver assures safety assuring duties to the passenger,and he should incure liability for tort but not liability of breach of contract.Thirdly,I analyzed the regulations of other coutries about hitchhiking on the basis of which I put forward a principle of attribution based on the principle of fault liability with principle of fairness to add to the liability system.At last ,this paper tyied to perfect the hitchihiking system by making up for the suffer.The main contents are :to reform the third party liability insurance system;to popularize seat insurance;to let the road traffic accident social relief found play a active role.

Related Dissertations

  1. Damage Liability of Medical Products,D923
  2. On the notary civil liability,D926.6
  3. On the Liability of the Sponsor of Independent Activity,D923
  4. The imputation principle study of the environmental tort,D923
  5. On medical device product liability for damage,D923
  6. Perfect arbitrary withdrawal rights legislation of the donor,D923.6
  7. Study on Tort Liability of School in Minor Students’ Injury Accidents,D923
  8. The Initial Discussion on the Identification of Tort Liability During the Radiation Treatment,D922.16
  9. Students in Schools Study on the Principles of Personal Injuries,D922.16
  10. On Principles of Assumed Liability for Damage of Complications,R-051
  11. Study on Tort Liability Without Fault,D923
  12. On the Application of Civil Law of the Problem of Price Fraud of Commercial Residential Building Sale in China,D922.294
  13. The Studying on the Safety-guard Duty of Preventing Infringement from Third Person,D923
  14. Economic Analysis of Libility for Tort in Campus,D923
  15. On the Damage Liability for Violating of Safety-guard Duties,D923
  16. The principle of no-fault liability of environmental rights infringement and reverse burden of proof,D922.6
  17. The Study on Obligation of Security,D923
  18. Study on the Rationality of Fault as the Constitutive Element of Breach Liablity of Our Country,D923
  19. Legal Analysis on a Drunk Death Claim,D923
  20. On the Operators’ Obligation of Safety Guarantee,D923

CLC: > Political, legal > Legal > Chinese law > China and France
© 2012 www.DissertationTopic.Net  Mobile