Glossary: Tort Liability Law, P.R.C. Civil Code

2006 ◽  
Author(s):  
George W. Conk
Author(s):  
Miao Chungang

With the continuous introduction of policy documents, China's ecological civilization construction is gradually advancing. Ecological civilization needs legal response. China's General Principles of Civil Law established "green principle" as the basic principle of civil law for the first time, and carried out through various systems in the specific provisions of civil code. This paper adopts the sociological analysis method to sort out the interaction between legislation and society, and then puts forward some Suggestions to improve the legislation of civil code. In the published draft of civil code, the Ecologization of Torts Law is the highlight, and the compensation system for ecological environment damage is detailed and specific. However, there is still much room for improvements in property rights, contract and personality rights. In order to meet the needs of ecological civilization construction, the real right system should be adjusted in the concept of real right and  the attitude of animals; the contract system should make a breakthrough in the named contract types and regulate carbon trading; in the specific personality right system, the environmental right should be protected by the expansion of the protection of rights and interests in the tort liability law.


Japanese Law ◽  
2021 ◽  
pp. 191-211
Author(s):  
Hiroshi Oda

Tort is part of the Law of Obligations. Provisions on tort liability are found in Book Three, the Law of Obligations, of the Civil Code. There is only a single general provision on tort. The legislature expected rules to develop out of case law. A person who intentionally or negligently infringes upon others’ right or interests protected There is a body of case law which sets out details of tort law such as causation and fault. There have been cases where the shift of the burden of proof was at issue. 


2010 ◽  
Vol 1 (3) ◽  
pp. 328-361 ◽  
Author(s):  
Helmut Koziol ◽  
Yan Zhu
Keyword(s):  

2016 ◽  
Vol 37 (3) ◽  
pp. 149-151
Author(s):  
Kui Zhang ◽  
Yuan Li ◽  
Fei Fan ◽  
Xin Liu ◽  
Zhen-hua Deng

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