Book contents
- Frontmatter
- Contents
- Foreword
- Preface
- Acknowledgements
- Table of cases
- List of abbreviations
- PART 1 Draft Bill on Civil Liability Law
- PART 2 Two European reform proposals on liability law
- PART 3 Recent legislation on liability law
- A Civil Code of the People's Republic of China, Book VIII: Law of Delict/Act on Liability Law (2009)
- B Civil Code of the Federative Republic of Brazil (2002)
- C Civil Code of the Russian Federation (Part I 1994/Part II 1996)
- Select bibliography
- Index
- References
A - Civil Code of the People's Republic of China, Book VIII: Law of Delict/Act on Liability Law (2009)
from PART 3 - Recent legislation on liability law
Published online by Cambridge University Press: 25 May 2011
- Frontmatter
- Contents
- Foreword
- Preface
- Acknowledgements
- Table of cases
- List of abbreviations
- PART 1 Draft Bill on Civil Liability Law
- PART 2 Two European reform proposals on liability law
- PART 3 Recent legislation on liability law
- A Civil Code of the People's Republic of China, Book VIII: Law of Delict/Act on Liability Law (2009)
- B Civil Code of the Federative Republic of Brazil (2002)
- C Civil Code of the Russian Federation (Part I 1994/Part II 1996)
- Select bibliography
- Index
- References
Summary
Text of the Act
Chapter I General provisions
Article 1 In order to protect the legitimate rights and interests of civil subjects, clarify tort liability, prevent and punish tortious conduct, and promote social harmony and stability, this Law is formulated.
Article 2 Those who infringe upon civil rights and interests shall be subject to tort liability according to this Law.
‘Civil rights and interests’ used in this Law shall include the right to life, the right to health, the right to name, the right to reputation, the right to honour, right to one's image, right of privacy, right of marital autonomy, right of guardianship, ownership, usufruct, security right, copyright, patent right, exclusive right to use a trademark, right to discovery, right of equities, right of succession, and other personal and property rights and interests.
Article 3 The victim of a tort shall be entitled to require the tortfeasor to assume tort liability.
Article 4 Where a tortfeasor shall assume administrative liability or criminal liability for the same conduct, this shall not prejudice the tort liability that the tortfeasor shall legally assume.
Where the assets of a tortfeasor are not adequate for payments for the tort liability and administrative liabilit\y or criminal liability for the same conduct, the tortfeasor shall first assume the tort liability.
- Type
- Chapter
- Information
- Modernising Civil Liability Law in Europe, China, Brazil and RussiaTexts and Commentaries, pp. 167 - 196Publisher: Cambridge University PressPrint publication year: 2011