Full Description
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.
Contents
Introduction of Tort Liability Based on Fairness.- Study on Tort Liability Based on Fairness in Continental Law System.- Study on Equitable Remedies in Common Law System.- Transition Current Situation and Prospect of the System of Tort Liability Based on Fairness in China.- Study on Liability Based on Fairness for Harms Caused by the Ward.- Study on Liability of Paying for Relief Based on Fairness for Harms Caused by No fault Transient Loss of Body Control.- Process of Establishing Article 132 on Liability Based on Fairness in the Former General Principles of Civil Law.- General Theories on Liability of Apportionment of Loss Based on Fairness for Shared Accidents.- Study on Liability of Paying for Relief Based on Fairness for Harms Caused by Accidents of Motor Vehicles.- Study on Liability of Paying for Relief for Throwing or Falling Objects from High Altitudes.- Study on the Liability Based on Fairness for Personal Protection of Gratuitous Individual Helper Relationship.- Study on Liability Based on Fairness by the Beneficiary for the Damage of the Rescuer in Emergency.
