Explanation of Self-acceptance Risk Rules and Identification of Related Rules
Article 1 176 of the Civil Code stipulates that the self-acceptance risk rule is a cause of exemption,which has a significant normative significance and adjudication value.The constituent elements of self-acceptance risk should belong to sports activities with certain risks in the objective aspect,and the damage comes from the realization of inherent risks;in the subjective aspect,the victim needs to be informed and voluntary,and the parties must have subjective eligibility.In terms of legal effect,if the victim's self-acceptance risk is established,the injurer can invoke this rule for defense,exempting their tort liability,so that the victim should bear the consequences of the damage.The establishment of the self-acceptance risk rule does not mean that the obligation of care of the event organizer and other participants can be reduced or exempted.As a new regulation,self-acceptance risk is easy to be confused with victim's consent,fault offset and fair principle,which should be distinguished in the application process.
self-acceptance riskcause of exemptionvictim's consentfault offsetfair liability
NETL
NSTL
万方数据
