Civil Liabitity for Guardian Fails to Perform the Duty of Guardianship
|School||Anhui University of Finance|
|Course||Civil and Commercial Law|
|Keywords||un joint and several liability guardianship fault offset apply|
According to authoritative statistics, for various reasons which resulted in young people disability or death more than14,000each year in China. How to deal with cases involving the ward, no doubt correctly handle these cases will involve the interests of three parties, guardians, minors, the interests of the infringer. For such cases before an academic and judicial practice tends to apply the principle of fault offset, the guardian of the consequences of negligence by the minor to pay, the purpose is to urge the guardians of the performance of guardianship duties seriously. But this did not benefit the protection of minors, but the damage to the interests of minors. I believe that in the guardians of minors have been violated at the same time fails to perform monitoring duties, in the infringement between the people and the guardian is not really applicable to joint and several liability in order to better protect the rights of minors, but also a good balance between the interests of third. The first joint and several liability is not really define, clarify the basic connotation of the joint and several liability is not really Elements to distinguish the difference between the form of liability; followed by three case leads to the judicial practice in China, the performance of his guardianship the guardian is nothurt handling the case of minors, and thus the basic concepts of contributory negligence system, the elements, the evolution of history and theoretical basis for exploring; again described the main points of the guardian fails to perform the duty of guardianship case applies to contributory negligence systemput forward their own negative view, and this argument; analysis apply between the infringer and the guardian is not really the basis of joint and several liability, and thus applicable to both theory and practice to demonstrate the feasibility of truly joint and several liability, and analysisclaim relationship between the guardian of the infringer, as well as minors, thus obtained can be applied to the joint and several liability is not really between the infringer and the guardian.