Tort Liability Based on Fairness
The Legislative and Judicial Practices in China
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Beschreibung
By a process of investigations into origin, development and theoretic foundations of the tort liability based on fairness, this book analyzes the myriads of practical cases to offer deep insights into application rules, grounds for defense, compensation scope and the supplementary role of application, and elucidates theoretic restrictions upon its judicial application, aiming to preclude the tort liability based on fairness from being abused judicially, and establishing China's indigenous theoretical system of tort liability based on fairness. Contained under Civil Code are the orientation and rule adjustment of the liability based on fairness, in the light of which this book recommends the provisions for judicial interpretations of related provisions to “the tort liability based on fairness” under the Code, with the hope to lay references for relevant judicial interpretations to be drawn up by people's courts.
By a process of investigations into origin, development and theoretic foundations of the tort liability based on fairness, this book analyzes the myriads of practical cases to offer deep insights into application rules, grounds for defense, compensation scope and the supplementary role of application, and elucidates theoretic restrictions upon its judicial application, aiming to preclude the tort liability based on fairness from being abused judicially, and establishing China's indigenous theoretical system of tort liability based on fairness. Contained under Civil Code are the orientation and rule adjustment of the liability based on fairness, in the light of which this book recommends the provisions for judicial interpretations of related provisions to “the tort liability based on fairness” under the Code, with the hope to lay references for relevant judicial interpretations to be drawn up by people's courts.
Covers tort liability based on fairness in the legal system of China Deals with comparative study on liability based on fairness in the former Socialist Countries and that in Continental Law System A detailed study on the liability of paying for relief for throwing or falling objects from high altitudes with an unknown source in the legal system of China
Autor*in
Zhu Wang
Themen in »Tort Liability Based on Fairness«
Tort Liability Based on Fairness Tort Liability Based on Fault Former Socialist Countries Equitable Remedies Equity Follows the Law The Clean Hands Doctrine Harms Caused by the Incapables Apportionment of Loss Based on Fairness for Shared Accidents Relief Borne by the Superior Based on Fairness Personal Protection by the Beneficiary