A Supplemental Liability for Insurance Obligator: On the Application of the Section 2 of Article 37 of The Tort Law of the People's Republic of China

The supplemental liability has been regulated in the section 2 of article 37 in newly passed law of the Tort Law of the People's Republic of China.In foreign laws,this has normally regulated as shared or joint liability which should be shouldered by the insurance obligator and the third party jointly.The supplemental liability for insurance obligator has been defined in the Tort Law of the People's Republic of China,however,has solved the difficulties in affirming the liability in the practice of distinguishing the shared and joint liability,and keeps a well balance the parties involved in the tort lawsuit.It is an afterwards supplement liability but not one of the special forms of liabilities in the joint liability.According to the Tort Law of the People's Republic of China,the affirming of the supplementary liability for insurance obligator is based on the fulfillment of one's obligations,which is an objective criterion in cognizing the wrong for tort.Therefore,the liability shouldered by the insurance obligator is supplemental,and judged in accordance with the extent to which the insurance obligator fulfils his or her obligations.