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Research on Joint Dangerous Act

Author: ZhouGuoJun
Tutor: TangYuShu
School: Huaqiao University
Course: Economic Law
Keywords: Common risk behavior Attributable foundation Imputation Principles Essential Factors of Responsibility
CLC: D923
Type: Master's thesis
Year: 2005
Downloads: 183
Quote: 8
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Abstract

Common risk behavior system since the inception of the German Civil Code enacted in 1900, has only been over a hundred years of history, there is no doubt in the thousands of years of development history tort can be regarded as a new biological, and thus related theoretical research and legislation are not mature enough. In our field of tort law, the common risk behavior has been a major gap in the legislation, not systematic theoretical research and in-depth, leading to the judicial practice is not uniform. The research methods historical research interests measurable, comparative analysis and empirical analysis of the common risk behaviors for systems research, analyzes common risk behavior Imputation based on imputation principle, responsibility constituent elements and Disclaimer reasons, while Some theories focus of controversy for in-depth discussion, in order to further perfect the theory of common risk behaviors, and the formulation of common risk behavior legislation and the Civil Code \In addition to the introduction and conclusion, is divided into five chapters, the text of five thousand words. Introduction introduces the research status of this field of research, theoretical and practical significance of the thesis and discussed. Chapter redefinition of the concept of the common risk behavior, and describes the characteristics of the common risk behavior, production and development, as well as our common risk behavior legislation to establish the significance of the system. Chapter II Imputation in-depth analysis on the basis of the common risk behaviors, to seek jointly and severally liable, according to common risk behaviors and reason. Chapter III of the principle of attribution of common risk behaviors of different theories advocated a comparative study and in-depth analysis, and proposed our own prejudices. The fourth chapter in accordance with the four constituent elements of traditional tort liability discussed the responsibility of constituent elements of the common risk behavior, comparative analysis and empirical analysis of the responsibility for some of the constituent elements of the focus of controversy, and put forward their own views. The fifth chapter common risk behavior Disclaimer The subject matter and the responsibility for the consequences. Conclusion of the full text of a summary of the academic insights on the significance of this study in the field of. The main innovation of this paper: (1) the whole system of common risk behaviors

Research on Joint Dangerous Act

Abstract

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