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Condominium \

Author: ZouDeLu
Tutor: WangChunMei
School: Heilongjiang University
Course: Civil and Commercial Law
Keywords: The condominium ownership of building Implicate The personal damage caused by throwing objects The tort law
CLC: D923
Type: Master's thesis
Year: 2011
Downloads: 18
Quote: 0
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Abstract


The promotion of the urbanization process impels the multistoried and high-rise buildings to increase in cities. While the living patterns of people become more and more complex, there are many throwing objects from high-rise buildings continually which have already threatened people’s life and property security immensely, and caused implicated responsibilities of condominium ownership of building to happen a lot. Our tort law also regulates the responsibility of throwing objects from high-rise buildings in the legislative level for the first time, and explicits the "collective punishment" responsibility of related building users in order to fill the victim’s damage; but the use of its provisions still need further refined. This article begins with the modern change which is different from ancient change of the concept of "collective punishment", and combines the interpreting the development of the condominiums ownership. The author agrees that the building users who may hurt someone become not only the responsible subject by collective punishment , but also responsible for the damage by the way of joint obligation. The author discusses the reason that the responsibility of collective punishment of condominium ownership of building from multi-angles. The author also makes suggestions that how to make sure the liability principle, the range of the responsible subject and the relief matters and so on in order to provide a new thought of our tort law improving the legislation about throwing objects from high-rise buildings.

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