Understanding and Application of Fair Responsibility in the Civil Code
Abstract
Article 1186 of the Civil Code limits the scope of fair liability and effectively prevents the abuse of fair liability. Fair liability has undergone three legislative changes, and there are disputes as to whether fair liability is an independent imputation principle or a liability distribution rule. Through the understanding of Article 1186 of the Civil Code, the applicable scope of fair liability can be better clarified. The scope of application of fair liability in academic circles mainly includes the following four: The first is the fair liability for damage caused by emergency avoidance; the second is the fair liability for suffering damage due to righteousness; the third is the fair liability for the damage caused by people with full civil capacity falling into an unconscious state or losing control; the fourth is the damage caused by people throwing objects at height Responsibility for fairness.References
[1] Leng Chuanli,Zeng Qinghe.The System Positioning and Future Trend of Fair Responsibility in the Civil Code Era[J].Journal of Gansu University of Political Science and Law,2020(05).
[2] Meng Qiang.The end of the principle of fair responsibility attribution[J].Guangdong Social Sciences,2021(01).
[3] Yin Zhiqiang. Understanding and Application of Fair Responsibility in "Civil Code"[J].Social Science Research,2020(05).
[4] Yin Zhiqiang. The normative system, understanding and application of fair responsibility under the background of "Civil Code"[J].Journal of the Party School of Guizhou Province,2020(05).
[5] Cheng Xiao.Innovation and Development of the Tort Liability of the Chinese Civil Code[J].China Law Review,2020(3).
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