2006Legal ForumRequires access

New Textual Research on Principle of Liability——the development trend of fault-liability

Guo Ming-long

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Abstract

To identify the of liability,we should distinguish principle of from of decide on the relationship between criterion of liability and limitation of liability,which are two premises to make out the system of criteria of liability thoroughly.Whether the of breach in Contract Code of PRC or the of liability in torts law,the author argues that fault-liability is the unique of liability,and strict liability is categorized as fault-liability,but no-fault liability the criterion of liability.Three species of presumed-fault,which embodies the of liability,represent the development trend of the of liability in the contemporary civil law.

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What this paper is about

To identify the of liability,we should distinguish principle of from of decide on the relationship between criterion of liability and limitation of liability,which are two premises to make out the system of criteria of liability thoroughly.Whether the of breach in Contract Code of PRC or the of liability in torts law,the author argues that fault-liability is the unique of liability,and strict liability is categorized as fault-liability,but no-fault liability the criterion of liability.Three species of presumed-fault,which embodies the of liability,represent the development trend of the of liability in the contemporary civil law.

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Available abstract

To identify the of liability,we should distinguish principle of from of decide on the relationship between criterion of liability and limitation of liability,which are two premises to make out the system of criteria of liability thoroughly.Whether the of breach in Contract Code of PRC or the of liability in torts law,the author argues that fault-liability is the unique of liability,and strict liability is categorized as fault-liability,but no-fault liability the criterion of liability.Three species of presumed-fault,which embodies the of liability,represent the development trend of the of liability in the contemporary civil law.

Key concepts: Strict liability, Liability, Legal liability, Delict, Liability insurance, Limited liability partnership, Business, Law

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