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Information Name: | Traffic accidents and negligence and contributory negligence concepts and features |
Published: | 2015-01-29 |
Validity: | 30 |
Specifications: | |
Quantity: | 1.00 |
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Detailed Product Description: | 1. With the concept and characteristics of the victim is at fault and fault occurrence refers to the victim or expand there fault or other damage attributable to its subject matter, in which the victims, including intentional and negligent fault. Negligence and widely adopted by countries, but their names are different, French law calls "and negligence," the common law as "contributory negligence", the Japanese call "fault offset," said the former Soviet Union as "mixed fault." Due to the impact of China's civil law by the former Soviet Union, who is also known as "hybrid fault." Negligence law and has the following characteristics: the victims suffer damage, if no damage occurs, and there would not constitute negligence; the perpetrators and the victims are at fault, if only one party has a fault, and does not constitute negligence; wrongdoing wrongdoing perpetrators and the victims are the reasons for the victims of the damage occurred. Since in the case of negligence, damage the victim is neither entirely caused by the perpetrators, nor is it entirely self-inflicted, and therefore, must determine and compare the degree of fault of the offender and the victim, and accordingly determine responsibility commitment and scope of responsibility. If one of the results of the damage occurred behavior plays a major role, then he should bear the primary responsibility for the other party to assume secondary liability; if the fault or the fault of a considerable extent, it is difficult to distinguish the two sides, then the average bear responsibility. 2. contributory negligence rule since the concept and nature of contributory negligence rule generation, has been an important contributory negligence rule modern civil damages rule, this rule on the one hand to protect the perpetrators and reduce their compensation, on the other hand, you can balance and protect the interests of all parties, so Tort Liability and responsibility to determine the scope of a more scientific and rationalization, civil law and common law has provisions for this. Britain in 1945 to develop a "legal reform law" provides that: when the victim's part of the responsibility of the damage is due to its own negligence, the court and the jury on the damage occurred, the extent appropriate, the plaintiff's share of its damage conduct proper compensation, equitable derating. "German Civil Code" Article 254 provides that:. ". The damage occurred, if the victim is at fault, the scope of the obligation of reparation and compensation should be based on the situation especially in light of the damage was mainly caused by a party or the other party to determine the '' Japan, China and France Code, "Article 418 states:" When a creditor does not fulfill the debt at fault, their situation by the court discretion to determine the amount of damages and liability "on page 722, paragraph 2:." When the victim is at fault, the court can consider it situation, determine the amount of damages. "According to the legislation and judicial practice in France, in the victim under fault conditions, the amount of compensation may vary according to the degree of the tortfeasor's fault and relieve the victims, but can not be completely exempted from liability. The case of contributory negligence rule, also known as the negligence rule refers to the victim and who is at fault, may reduce or waive the amount of damages, that the damage occurred or expand, there is no fault of the victim, the court to follow its mandate, according to certain criteria to reduce or waive the perpetrators liability, so fair and equitable distribution of a system damage. For this rule can be understood: first, the premise of the rule of law are the perpetrators should be liable for damages, there is no liability on the balance without responsibility is offset content. The responsibility has to balance, ie damages. Second, the fact that the victim of the damage occurred or expand at fault, the fault may be intentional, it may be negligent. The shape and size of the fault affects the degree of responsibility of the offender mitigation. Third, the results of this rule is to reduce the liability of perpetrators. Accident compensation http://www.gdjtsg.com/falvzhishi/ |
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You are the 5450 visitor
Copyright © GuangDong ICP No. 10089450, Guangdong-hui Law Firm All rights reserved.
Technical support: ShenZhen AllWays Technology Development Co., Ltd.
AllSources Network's Disclaimer: The legitimacy of the enterprise information does not undertake any guarantee responsibility