On the Relationship among the Civil Right,Duty and Liability
Ding Hai-jun
Abstract
Ding Hai-jun
Abstract
Because the conventional civil law's theory can't answer the question which place the torts law takes,this article explicit that the civil right,civil duty and civil liability are in the same rank concept,and their relationship arethree in one(trinity) in the same civil legal relationship.While the personal right,jus ad rem and intelligent property,and the duties (debts) that opposite at them are in the next rank of civil right.So torts result in the civil liabilities,and the tort law is the remedy law of the absolute right, we should separate the law of liability from the law of obligations.Therefore, the tortuous liabilities and the liabilities of breach contract consist a whole civil law liability system, which enforcing the functions of the self-rule of the civil law.
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Because the conventional civil law's theory can't answer the question which place the torts law takes,this article explicit that the civil right,civil duty and civil liability are in the same rank concept,and their relationship arethree in one(trinity) in the same civil legal relationship.While the personal right,jus ad rem and intelligent property,and the duties (debts) that opposite at them are in the next rank of civil right.So torts result in the civil liabilities,and the tort law is the remedy law of the absolute right, we should separate the law of liability from the law of obligations.Therefore, the tortuous liabilities and the liabilities of breach contract consist a whole civil law liability system, which enforcing the functions of the self-rule of the civil law.
Key concepts: Delict, Civil law (Civil law), Law, Legal liability, Tort, Civil code, Strict liability, Duty