The Composition and Application of Assumed Risk in Sport Activities——Analysis Based on Article 1176 of the Civil Code of the People's Republic of China
Sport activities are a typical field where assumed risk applied.The exact meaning of risk-assumption in physical activ-ity is contained in its overall structure and its various components.The composition of the risk-assumption rule in sport activities in-cludes three parts:the scope of application,the conditions for the establishment of risk-assumption behavior,and the legal effect.The assumption of risk is a statutory exemption in sports activities,which can exempt the ordinary neglectful tort liability of perpetrator.The assumption of risk is also an independent tort defense,which excludes the victim's consent,negligence,and fair responsibility.In terms of specific application,it can serve as a code of conduct,guiding the behavior of participants in physical activities and leading the spirit of physical activity.As a cause of defense in the law of evidence,which can be used by the perpetrator to actively defend.As a basis for adjudication,which can be used to dismiss the victim's claim for compensation by the authority.
sport activitiesassumption of riskconstituent elementsapplying correctlyThe Civil Code of the People's Republic of China
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