法律英语5.7 -正本.ppt

* 法律英语 * Multiple Tortfeasors Section 2： Relation between persons subject to solidary liability(连带责任人之间的关系 ) (1)?A person subject to solidary liability may recover a contribution from any other person liable to the victim in respect of the same damage. This right is without prejudice to any contract bet- ween them determining the allocation of the loss or to any statutory provision or to any right to recover by reason of subrogation [cessio legis](法定让与) or on the basis of unjust enrichment. * 法律英语 * Multiple Tortfeasors (2)?Subject to paragraph (3)?of this Article, the amount of the contribution shall be what is consider- ed just in the light of the relative responsibility for the damage of the persons liable, having regard to their respective degrees of fault and to any other matters which are relevant to establish or reduce their liability. A contribution may amount to full indemnification. If it is not possible to determine the relative responsibility of the persons liable they are to be treated as equally responsible. * 法律英语 * (3)?The obligation to make contribution is several, that is to say, the person subject to it is liable only for his apportioned share of responsibility for the damage under this Article; but where it is not possible to enforce a judgment for contribution against one person liable his share is to be reallocated among the other persons liable in propor- tion to their responsibility. Multiple Tortfeasors * 法律英语 * Thank you 法律英语 * 法律英语 * European Group on Tort Law (欧洲侵权责任法) Members : Guo Peng Ruan Yanyan Han Yiran Zhou Ju Hu Jie * 法律英语 * Part one:Basic norm(基本概念) (1)?A person to whom damage to another is legally attributed is liable to compensate that damage. (2)?Damage may be attributed in particular to the person a)?:whose conduct constituting fault has caused it; or b)?:whose abnormally dangerous activity has caused it; or c)?:whose auxili