On the True Meaning of No-Fault Liability Principle——Also on Principle Settings of Related Provisions in Chinese Tort Liability Act Draft
Cao Xian-feng
Abstract
Cao Xian-feng
Abstract
No-fault liability,also called strict liability or liability of danger,is improperly defined liability without in Chinese General Principles of Civil Law,Civil Code Draft and Tort Liability Law Draft.The connotations of no-fault liability principle should be definitely specified in the coming Chinese Tort Liability Law.The proper definition of no-fault liability principle should be formulated as follows: in some particular types of cases,according to law,person should assume tort liability for damages as a result of his acts,regardless of his fault or no-fault.
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No-fault liability,also called strict liability or liability of danger,is improperly defined liability without in Chinese General Principles of Civil Law,Civil Code Draft and Tort Liability Law Draft.The connotations of no-fault liability principle should be definitely specified in the coming Chinese Tort Liability Law.The proper definition of no-fault liability principle should be formulated as follows: in some particular types of cases,according to law,person should assume tort liability for damages as a result of his acts,regardless of his fault or no-fault.
Key concepts: Strict liability, Tort, Delict, Liability, Legal liability, Law, Joint and several liability, Damages