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On The Supplementary Liability Of The Security Obligo

Posted on:2023-12-22Degree:MasterType:Thesis
Country:ChinaCandidate:X R YangFull Text:PDF
GTID:2556306815960069Subject:legal
Abstract/Summary:PDF Full Text Request
As an original legal system of our country,the supplementary liability system of security obligor fills the existing legal loophole and is a great progress in the history of the rule of law in our country.However,there are still some ambiguities in the system,which leads to a certain degree of difficulties in the process of application.In view of this,the issues related to the supplementary liability system of security obligors need to be further discussed and studied.The content of this paper is divided into the following four parts:Firstly,this paper puts forward its own opinions and views on the most basic issues,such as the concept,characteristics,constitutive elements and theoretical basis of the supplementary responsibility of the security obligor.Secondly,according to the legislative and judicial situation,it is found that there are some problems in the supplementary liability system of security obligors.for example,the performance standard of security obligation is not clear,the subject scope of security obligation is narrow,the imputation principle of fault liability is unreasonable,the loss of the victim has not been fully compensated,and so on.Finally,in view of the deficiency of the security obligor supplementary liability system,the corresponding improvement suggestions are put forward,which is intended to build a more reasonable security obligor supplementary liability system and provide the premise for judicial application.
Keywords/Search Tags:Tortious conduct, Supplementary Responsibilities, Security Obligations
PDF Full Text Request
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