An Analysis Of The Rule Of Assumption Risk

After many legislative suggestions,the assumption risk rule as an exemption was finally included in the Civil Code.The assumption risk rule originated from ancient Roman law and was developed during the industrial revolution.Later,with the development and change of social environment the rule gradually declined compared to the flourishing of the theory of comparative negligence.However,as there are the consecutive risk damage cases that happen in the social life,the new vigor and idea should be put into the rule and it has been included into the Chinese legal system,but there is still room for discussion in the understanding and application of this rule.The thesis explores the origin of the rule and do the analysis hoping to add the valuable advice.It is compose of four parts:The first part includes the explanation of the rule from the aspects of the basic concept,the discrimination and analysis of the similar concept,the historical development and the necessity of its application in order to have a deeper understanding of the rule as a whole,clarify its basic concept and its independent value to draw out the question.In the second part,it respectively introduces the main content the assumption risk rules in the United States,European countries and Taiwan,and analyzes the reasons for their differences so as to obtain the reference significance for China.Although it has been written into the Civil Code,It is foreign to our country and it still needs to learn from useful experience in specific application.The third part mainly analyses the rule of the existing views of the constitutive elements and the specific elaboration of the rule of the constitutive elements.This part is designed to accurately define the constitutive elements of the rule,at the same time to pave the way for the next part of content.The fourth part expounds the relevant problems of the rule in China such as the range of the application and the specific application of special subject and put forward the corresponding suggestions hoping to address the problems of the application in the judicial practice.