+ Full comprehensive list of general terms
Current Perspective: Focus on Civil
tort legislation
mode : a comprehensive comprehensive list of general terms + Zhang Bao
China [u] People University
civil and commercial law Research Center researcher,
Law School professor and doctoral tutor.
develop a foothold in China
practice ,
replica oakley sunglasses, the Civil Code for the 21st century is China's Civil and Commercial
theory and practitioners over the years of long-cherished wish. December 17, 2002, the legislative process into a new phase. Therefore, we invited some of the scholars involved in drafting the Civil Code and Civil Code, the legislative branch officials on the drafting of some of the major and difficult issue to express their views in order to further promote the scientific and legal research legislation prosperity.
Legislative Studies
a general clause model
fault tort liability on the common elements of the abstract, to the provisions of the two provisions were no longer the fault of the specific provisions listed in the infringement. Not in 1382 and 1383 the difference between intentional and negligent, that is difficult to understand the meaning of section 1383 of the existence. Professor Feng Baer, damage liability. According to this interpretation, better understanding of the French Civil Code article 1382 and article 1383 of the logical relationship between: the former is about the intentional tort liability in general terms,
ed hardy canada, which is on the general terms of negligence, then the first 1384 Paragraph 1 is the quasi-tort liability on the general terms. ) In
Justice In practice, those who meet the In addition, ; general terms of quasi-tort Section 1385 and 1386 are listed on the two legislators had potential tort liability.
Code provisions were provided with three intentional tort, negligence and potential tort liability of all the elements; cited quasi-tort. When legislators realized in the development of civil code violations need to be made to align the provisions cited in the ensuing century and a half and several additional potential violations related to the content. Provisions less
system briefly. As the Code of tort law in general terms the use of models and does not harm their actions caused the damage list, making the system less simple law, the provisions of tort law is only five. Such legislation as the merits and drawbacks are obvious: using the general terms of the three to make a general tort liability provisions, specific violations cited have to avoid the omission of so highly inclusive and expansive. The disadvantage is that the judge's instructions to give too little, making the latter in the administration of justice enjoyed too much
free discretion.
Second, the list mode
German legislator chose the ; will solve the problem should be resolved by the legislature's functions to the court, not in keeping with the intention of the Bill,
true religion outlet, and the German people from the general functions of the judge's point of view is unacceptable. through
While some scholars believe that the German legislative system of tort law to a limited list of general terms + model, the People's Court Press, 2003 edition, p. 17. ) But I think the German tort law, there is no form of general provisions: First, it did not apply to all the constituent elements of tort liability provisions to make the abstract; Secondly, it not only for their own fault liability or tort liability responsibility to make an abstract composition requirements; Finally, it was their actions harm listed,
Beats By Dre Headphones, this list mainly acts against the object as a different classification standards. In addition, the German Civil Code also lists a series of special quasi-tort or tort. Legislators were aware that only the absolute right against five kinds of behaviors identified as tort, tort law is bound to make the adjustment range is too narrow, can not fully perform its functions, so in against life, health, body, liberty and property ownership and other rights provided in addition to several other additional cause of action. Even so, there is no tort law to fully solve the problem of the adjustment range is too narrow, the German Supreme Court Youyi Civil Code Article 823, paragraph 1 of the > the creation of a In order to solve the narrow scope of tort law to adjust the chronic illnesses, the invention of German scholars on the negligence theory of contracting with another feature of the contract to protect the theory,
against pure economic interests of tort theory.
German legislators to recognize the over-generalization of the general provisions of tort law to give judges enough to provide adequate instructions to guide their judgments and need a way to judge by listing more and more clear instructions, this is undoubtedly correct and worthy of our legislative reference. But the general terms and does not require the infringement of various enumerated directly, the risks are enormous: trying to completely list all the violations are almost impossible, even in the common law
country , case law cited in the vast majority of tort later, had to retain the standard is impossible to enumerate the abuses success: First,
mulberry bags uk, the recognition of civil rights is on the development and change; Second, in the right, there are some benefits of tort law need to be protected.
TAG Tag: general tort provisions of rules listed in the overall responsibility for infringement of the legislative model
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