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Tort Liability Transfer And Dispersion Of Institutional Research

Posted on:2008-12-17Degree:MasterType:Thesis
Country:ChinaCandidate:J Z LiFull Text:PDF
GTID:2206360215961064Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
In the practice stratification, the phenomena performance which the tort liability transfer or dispersion is prominent, regardless of domestic and foreign, past and present, all have some tort liability transfer and dispersion of the extensive decentralized practice, the Roman vicarious liability system is a typical example. In tort law system such as the specific liability system, Many have tort liability on the transfer and dispersion of specific standards and related systems, such as on joint and several liability, vicarious liability, and so on aspects stipulation, but they are scattered across the tort law of each specific system.In theoretical study, specialized transfer and dispersion from the tort liability system with decentralized overall level of a study of the issue were few. Through this system, in terms of tort liability transfer and dispersion angle view tort liability system. and related research is also rarely seen or not systematic. As such, this paper focus on the main issues relate to : the reference of the tort liability transfer and disperion system is scientific or unscientific, in the end it is meaning or meaningless, how is its right positioning in their tort liability system , and which problems does it also have; Theoretically how to define tort liability transfer and scattered their concept, how does its type divide, which types should have ; What is the explanation of the tort liability transfer and scattered problems that arise, which under what conditions can occur. How is the transfer and decentralized; looked from the tort liability transfer and dispersion system perspective of the overall situation, the system which had affected, and so on.Through the study of history about the tort liability system, the tort liability undertaken systems includes to undertake the tort liability general system which undertake oneself responsibility and tort liability transfer and dispersion system which undertake non-oneself responsibility. Its general system Including based on the transfer of joint and several liability, vicarious liability on the transfer, based on the added responsibility of the transfer, as well as through liability insurance decentralization and through social security scattered. Papers also summarized the general system of the tort liability transfer and decentralized, defined the concepts and the types of the tort liability transfer and the decentralized system, and the main research on the general system of the tort liability transfer and dispersion and its general application. Analysis and appraisal the impact and its positive significance of the tort liability transfer and the decentralized system.
Keywords/Search Tags:tort liability, transfer, dispersion
PDF Full Text Request
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