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On the liability of falling objects and Insurance settlement mechanism

Author: ShengWenBing
Tutor: ZouYuan
School: Guizhou University
Course: Legal
Keywords: Falling objects Tort Liability Own responsibility Burden of proof Commercial Insurance
CLC: D923
Type: Master's thesis
Year: 2008
Downloads: 202
Quote: 2
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Abstract


For how to define and falling objects tort, judicial practice and academia. Through legal theory, legal basis and the practice of the process analysis, think that use tort law to deal with the damage caused by the falling object behavior is the lack of theoretical basis, and no right of claim; And also analyzes the continental law system and Anglo-American law system in this law or case, want to learn from their experience, but also decreased, thus the author concludes that the current tort law could do about it. So falling objects of the interests of the victim and how to secure? The breakthrough in the original way of thinking, "or offender shall bear the liability for compensation, or the victims bear the adverse consequences", seek a new way to solve, the commercial insurance. This article through to the commercial insurance feasibility and concrete operation were analyzed, and the liability insurance of think use this way to solve the contradiction, is can achieve both to protect the rights of victims, and the purpose of protect the owner's equity.

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