Research On The Principle Of Deduction Of Collateral Benefits

The principle of deduction of collateral benefits is that the benefits should be deducted from the damages, when the victim attains benefits on account of the same cause as damages'. It is the essential of the principle that the tort-feasors should merely takes on the liability of actual loss for fear that the victim get the unjust enrichment, therefore, it shows the compensation function of torts law. The principle is often used for judging the compensation in the tort case and has an availability effect on judicatory practice. The principle of deduction of collateral benefits is represented both in the English-American law and Continental law. However, the principle is not proclaimed in writing in our state. The principle is barely laid store by the scholar in the state. As a result, the provision of torts law can't apply for the practice. The author studies the principle of deduction of collateral benefits to perfect the provision.The first part focuses on the basic theory of the principle of deduction of collateral benefits. It introduces its concept, connotation, legal characters and basic theory. Then it raises several questions of the application of the principle in practice.The second part shows the history of the principle. It makes a brief explanation about the precedents in common law and civil law countries. The principle can be retrospect to the old Roman. As a classical principle in modern society, it would play an important role in the civil law today.Then the paper discusses the constitutive elements and analysis's several kinds of opinion. It explores the methods of applications in different situation to solve the problems in judicature practice.At last, the paper discusses the deduction of collateral benefits in conditions of insurance compensation and coerced profit. The part also studies on the joint of negligence offset and deduction of collateral benefits further. The relation of punitive compensation and deduction of collateral benefits is likewise mentioned in the part.