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Tort Liability Based on Fairness

The Legislative and Judicial Practices in China

Zhu Wang (Autor)

Buch | Hardcover

160 Seiten

2026
Springer Verlag, Singapore
978-981-95-5550-5 (ISBN)

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By a process of investigations into origin, development and theoretic foundations of the tort liability based on fairness, this book analyzes the myriads of practical cases to offer deep insights into application rules, grounds for defense, compensation scope and the supplementary role of application, and elucidates theoretic restrictions upon its judicial application, aiming to preclude the tort liability based on fairness from being abused judicially, and establishing China's indigenous theoretical system of tort liability based on fairness. Contained under Civil Code are the orientation and rule adjustment of the liability based on fairness, in the light of which this book recommends the provisions for judicial interpretations of related provisions to “the tort liability based on fairness” under the Code, with the hope to lay references for relevant judicial interpretations to be drawn up by people's courts.

Dr. Zhu WANG is Professor of Law School and Director of Institute of Rule of Law in Market Economy of Sichuan University. He is the Deputy-Director of Institute for Tort Law of Research Center for Civil and Commercial Jurisprudence of Renmin University of China. He works as the General Secretary of Executive Committee of the World Tort Law Society. He once served on secondment as Deputy-Director of Research Office of High People's Court of Sichuan Province.

Introduction of Tort Liability Based on Fairness.- Study on Tort Liability Based on Fairness in Continental Law System.- Study on Equitable Remedies in Common Law System.- Transition Current Situation and Prospect of the System of Tort Liability Based on Fairness in China.- Study on Liability Based on Fairness for Harms Caused by the Ward.- Study on Liability of Paying for Relief Based on Fairness for Harms Caused by No fault Transient Loss of Body Control.- Process of Establishing Article 132 on Liability Based on Fairness in the Former General Principles of Civil Law.- General Theories on Liability of Apportionment of Loss Based on Fairness for Shared Accidents.- Study on Liability of Paying for Relief Based on Fairness for Harms Caused by Accidents of Motor Vehicles.- Study on Liability of Paying for Relief for Throwing or Falling Objects from High Altitudes.- Study on the Liability Based on Fairness for Personal Protection of Gratuitous Individual Helper Relationship.- Study on Liability Based on Fairness by the Beneficiary for the Damage of the Rescuer in Emergency.

Erscheint lt. Verlag	13.5.2026
Übersetzer	Jie Fang, Yanchao Wang, Ling Pan
Zusatzinfo	8 Illustrations, black and white
Verlagsort	Singapore
Sprache	englisch
Maße	155 x 235 mm
Themenwelt	Recht / Steuern ► Allgemeines / Lexika
Themenwelt	Recht / Steuern ► EU / Internationales Recht
Schlagworte	Apportionment of Loss Based on Fairness for Shared Accidents • Equitable Remedies • Equity Follows the Law • Former Socialist Countries • Harms Caused by the Incapables • Personal Protection by the Beneficiary • Relief Borne by the Superior Based on Fairness • The Clean Hands Doctrine • Tort Liability Based on Fairness • Tort Liability Based on Fault
ISBN-10	981-95-5550-7 / 9819555507
ISBN-13	978-981-95-5550-5 / 9789819555505
Zustand	Neuware