Skip to main content Accessibility help
×
Hostname: page-component-78c5997874-m6dg7 Total loading time: 0 Render date: 2024-11-05T04:03:34.995Z Has data issue: false hasContentIssue false

A - Draft Bill on Civil Liability Law – text

from PART 1 - Draft Bill on Civil Liability Law

Published online by Cambridge University Press:  25 May 2011

Gert Brüggemeier
Affiliation:
Universität Bremen
Get access

Summary

Title I Basic rules

Article 1:101 Basic norm One who in a legally attributable way injures the legally protected interests of another is bound to compensate the injured for the loss resulting therefrom.

Article 1:102 Legally protected interests of a human being

  1. (1) Legally protected interests are, in particular, the life, bodily and health integrity, as well as the free movement of a human being. In respect of the compensation of fatal injuries, special rules apply (Arts. 6:201/202).

  2. (2) The legally protected interests of an individual person also include intangible legal interests such as dignity, self-determination, privacy, as well as the ‘right’ to personal identity, to one's own image, name, voice and personal data.

  3. (3) The protection of personality interests, according to paragraph 2, also extends to groups of individuals and to legal persons of private and public law, to the extent that they are applicable to these legal addressees.

Article 1:103 Other legally protected interests

  1. (1) Legally protected interests further include property rights on movable and immovable things, as well as on intangible objects, especially ownership and intellectual property. Lawful possession of things is also protected. Animals are treated as corporeal objects for the purposes of liability law.

  2. (2) Property itself is treated as a protected interest in legally recognised cases within the meaning of this Article. It is generally protected against intentional damage (Art. 2:201). Moreover, instances of property protection admitted by statute (Art. 3:207) or by case law are deemed to be legally recognised.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2011

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Brüggemeier, G. and Yan, Z., Entwurf für ein chinesisches Haftungsgesetz, (Tübingen: Mohr Siebeck, 2009), p. 1, p. 132Google Scholar

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×