建筑物区分所有权在实务中的疑难问题.ppt

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * IV. The Chinese Spirit in Tort Liability Law of China A. From “Tortious Act Law” to “Tort Liability Law” 1.Widely Use of the Concept of Liability” The second draft consists of about 6400 characters in 88 articles, includes 150 “liability“ , averagely speaking, 1.75 liability in every article 1 legal liability, 2 civil liability, 61 tort liability, 42 compensatory liability“ 13 joint and several liability, 1 secondary liability, 2 corresponding tort liability, 1 liability for custody, 1 non-fault liability, 6 person who bears liability and 20 other kinds of liability. * IV. The Chinese Spirit in Tort Liability Law of China A. From Tortious Act Law to Tort Liability Law 2.Eight Ways to Bear Tort Liability, Compensatory and Non-compensatory 2nd Draft, Article 17. (1) ceasing the infringement; (2) removing obstacles; (3) eliminating the danger; (4) returning the property; (5) restoring to original condition; (6) compensating for loss; (7) eliminating ill effects and rehabilitating reputation; (8) making a full apology. * IV. The Chinese Spirit in Tort Liability Law of China B. Yesterday, Today and Tomorrow of Liability based on Fairness” General Principles of Civil Law of China (1986) Article 132[Liability Based on Fairness] If none of the parties is at fault in causing the harm, they may share civil liability according to the actual circumstances. * IV. The Chinese Spirit in Tort Liability Law of China B. Yesterday, Today and Tomorrow of Liability based on Fairness 1.The Socialist Origin of Liability based on Fairness” By referring to 1922 and 1964 Civil Code of Soviet Russia, it was a product of achievements of both 1950s’ and 1980s’ drafts of Civil Code of China With socialist principles for fairness introduced from the Reform of former Yugoslavian Law of Obligation. * IV. The Chinese Spirit in Tort Liability Law of China B. Yesterday, Today and Tomorrow of Liability based on Fairness”