Skip to main content
SpringerLink
Log in
Book cover

Legislation of Tort Liability Law in China pp 171–178Cite as

The Legislation Pattern of Tort Law: General Provisions + Comprehensive Enumeration

  • Chapter
  • First Online:

  • 393 Accesses

Abstract

Tort Liability Law. Typical legislation patterns of Tort Liability Law in civil law legal system are the general provision pattern represented by French Law and the enumeration pattern represented by German Law.

This is a preview of subscription content, log in via an institution.

Notes

  1. 1.

    Ma (1982) has not distinguished “intentional” and “negligent” in article 1382 and 1383, so that it is difficult to understand what is the exsiting meaning of article 1383 of the French Civil Code. Prof. Christian Von Bar believes that the legal content contained in article 1383 is any person shall bear liability for damage caused by not only intentional act but also negligent. See Christian Von Bar (2001). According to this explanation, it is easy for us to understand the logic relation between article 1382 and 1383 in the French Civil Code: the former is a general provision concerning intentional infringement, the latter is a general provision concerning negligent infringement, while article 1384 paragraph 1 is a general provision concerning liability for quasi-torts.

  2. 2.

    The first two “patches” have still been valued, but the others have not been valued since the development of law. The infringement of credit has been substituted by the infringement of gerenal personality rights and the infringement of enterprise management right.

  3. 3.

    Wang (2003).

  4. 4.

    Zhang (2001).

  5. 5.

    Zhou et al. (1983).

  6. 6.

    See the name of Title IV Chapter II of the French Civil Code.

  7. 7.

    Phillips (1999).

  8. 8.

    The Dutch Civil Code also adopts this method of classification.

References

  • Christian Von Bar (2001) , the common European law of torts (vol I) (trans: Zhang XB). The Law Press, p 18

    Google Scholar 

  • Ma YM (trans.) (1982) The French civil code. Peking University Press

    Google Scholar 

  • Phillips JJ (1999) Products liability. The Law Press, p 34

    Google Scholar 

  • Wang LM (2003) On whether the law of torts can be compiled independently. In: Zhang XB (ed) Torts law review 1, People’s Court Press, p 17

    Google Scholar 

  • Zhang XB (2001) The general provisions of law of torts, Chin J Law 4

    Google Scholar 

  • Zhou Z et al. (eds.) (1983) Roman law. The Mass Press, p 257

    Google Scholar 

Download references

Author information

Authors and Affiliations

  1. Renmin University of China Law School, China Legal Science Journals Press, Beijing, China

    Xinbao Zhang

Authors
  1. Xinbao Zhang
    View author publications

    You can also search for this author in PubMed Google Scholar

Corresponding author

Correspondence to Xinbao Zhang .

Rights and permissions

Reprints and permissions

Copyright information

© 2018 Springer Nature Singapore Pte Ltd.

About this chapter

Check for updates. Verify currency and authenticity via CrossMark

Cite this chapter

Zhang, X. (2018). The Legislation Pattern of Tort Law: General Provisions + Comprehensive Enumeration. In: Legislation of Tort Liability Law in China. Springer, Singapore. https://doi.org/10.1007/978-981-10-6961-1_6

Download citation

  • DOI: https://doi.org/10.1007/978-981-10-6961-1_6

  • Published:

  • Publisher Name: Springer, Singapore

  • Print ISBN: 978-981-10-6960-4

  • Online ISBN: 978-981-10-6961-1

  • eBook Packages: Law and CriminologyLaw and Criminology (R0)

Publish with us

Policies and ethics

Search

Navigation