Title: A Comparative Research on the Object of Tort Law
Abstract:The object of tort law is the liability relationship of the infringement of civil rights.Right and interest are not paralleled.In tort law,the infringement of is the result of the infringement of righ...The object of tort law is the liability relationship of the infringement of civil rights.Right and interest are not paralleled.In tort law,the infringement of is the result of the infringement of rights.In a comparative law research,we found that all the foreign laws,especially the Japanese precedents,theories and the modification of the Civil Code,denied the existence of interests beyond rights.There was a kind of views in China that tort law should regularize not only the social relationship of the infringement of rights,but also the so-called relationship of the infringement of pure interests. It is not correct.In order to avoid arguments,we can also continue to use the regulations of Article 106 of the General Principles of the Civil Law: Citizens and legal persons who through their fault encroach upon state or collective property or the property or person of other people shall bear civil liability.Read More
Publication Year: 2008
Publication Date: 2008-01-01
Language: en
Type: article
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