There is a flow of types between different attributions of liability of the guardian,in which the key points are the level of difficulty to determine a reduced liability plea and the specific extent of the mitigation in practice.In these respects,more diversified factors,such as the extension of guardianship duties,the minor's age and the property status,should be taken into account.It is beneficial to the victim when the minor is ultimately deemed to assume the liability for him,but the liability needs to be limited as well.The concept of capacity for liability is not necessary.To some extent,there are differences in the final result between the model of'peer fault+unlimited liability+equitable liability in case of no fault'in comparative law and the one of'adult fault+limited liability'adopted by the Civil Code of the PRC,but the latter is not entirely unjustified.Paragraph 1 and 2 of Article 1188 distinguish between the two aspects of liability and its assumption,which are reflected respectively in the litigation stage and the enforcement stage.Accordingly,procedural issues such as the status of the parties and the main text of the court verdict are further considered in the Interpretation of Tort Liability(Ⅰ)of the SPC.
torts of minorsliability of the guardianliability of the minorperformance of liability
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