Prospects of the System of Tort Law in Civil Code
Xingye Yingyi
Abstract
Xingye Yingyi
Abstract
As the society has been developing in a fast pace, the system of tort law should be adjusted to meet the needs of the the modern industralized socoiety. Therefore, the aim of making tort law should goes into the direction of recovering the infringed party rather than protecting the freedom of people's behavior. Under the tort law, the causes of liability develop into three sorts: self liability, vicarious liability and the liability for the things. The legislative modes of tort are gereral clause, finite enumeration, and infinite enumeration. The tort law should cover the subjects of causes of liability, types of liability, recovery of the damage, etc..
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As the society has been developing in a fast pace, the system of tort law should be adjusted to meet the needs of the the modern industralized socoiety. Therefore, the aim of making tort law should goes into the direction of recovering the infringed party rather than protecting the freedom of people's behavior. Under the tort law, the causes of liability develop into three sorts: self liability, vicarious liability and the liability for the things. The legislative modes of tort are gereral clause, finite enumeration, and infinite enumeration. The tort law should cover the subjects of causes of liability, types of liability, recovery of the damage, etc..
Key concepts: Tort, Delict, Strict liability, Law, Legal liability, Vicarious liability, Joint and several liability, Liability