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The theory of fair liability limits of judicial application - in our country the tort liability law article 24 as the breakthrough point

  • Journal of International Business Transactions Law
  • Abbr : IBT
  • 2019, (24), pp.69-88
  • DOI : 10.31839/ibt.2019.01.24.69
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law > Private Law > International Commercial Transactions Law
  • Received : December 27, 2018
  • Accepted : January 23, 2019

Zhu,FuYong 1 LUO, FUYUN 1

1西南政法大学

Accredited

ABSTRACT

Because there are some misunderstanding about the logical starting point to the fair liability, it lack of self-consistency between general provisions of fair liability and special provisions, The expression of the tort liability law article 24 is high abstract and general ,and lack of operational rules, which lead to applicable conditions of fair liability in judicial practice undefined, and the unlimited expansion of the applicable scope, and even abuse the fair liability, which are substantial influence on the individual justice. therefore, to resolve the above problems, we need to build a tort liability loss-sharing system model, pinpoint placement about function of fair liability, refine applicable conditions about fair liability of the general terms, to enhance the operability of the fair liability, the legal behavior - fair liability applicable - produces compensation obligations - breach obligation of the statutory compensation -liability- compensation ,which is shaping logical path, legitimacy and rationality of Judicial application about fair liability is proved by Internal justification and external justification, which enhance the acceptability of the results.

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