On Some Theoretical Issues of Vicarious Liability
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    Abstract:

    A vicarious liability is a liability form as well as a legal system, which means that the liability bearer assumes the civil liability for the tortfeasor because of a certain basic relation between them. Its striking feature lies in that the liability bearer is different from the tortfeasor. Vicarious liability differs from substitutable liability and also from special tort liability. The classifications of the basic relations in vicarious liabilities divide vicarious liabilities into tortfeasorbenefiting vicarious liabilities and liability bearerbenefiting vicarious liabilities, the latter is itself a kind of user’s vicarious liabilities, which can be subdivided into dominating relationbased user’s vicarious liability and utilizing relationbased user’s vicarious liabilities. The opinions on the legislative grounds of vicarious liabilities vary; they cannot be isolated to understand.

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杨署东.转承责任基本理论问题新探[J].重庆大学学报社会科学版,2010,16(4):82~87

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  • Received:November 12,2009
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