Commentary on Paragraph 1 of Article 1165(General Provision on Fault Liability)of the Civil Code
Article 1165(1)of the Civil Code is a general provision on fault liability in tort law,which aims to com-pensate victim,prevent injury,and safeguard freedom of conduct.In terms of system correlation,many provi-sions in the Civil Code belong to the special law of this paragraph.When the actors are responsible,it must be based on the illegality of their behavior.If illegality is not treated as an independent element,the constitu-ent elements indicated in Article 1165(1)can be divided into three:compensable damage,fault behavior,and causation.Illegality can be used to clarify either the compensability of damage or the fault of the act.A-mong the constituent elements,the topics with compensable damages involve the distinction between breach of contract liability and tort liability,as well as the compensability of pure economic losses.Fault behavior is not distinguished as intentional or negligent in Paragraph 1 of Article 1165,and can be judged uniformly ac-cording to the standard of a reasonable person.The causation can be divided into factual causation and legal causation.Both fault and legal causation involve foreseeability,with the foreseeability in the former targeting"some kind of'unreasonable damages,while the foreseeability in the latter targeting"this kind of'damages in specific cases.In order to clarify the legal principles in Article 1165(1),it is necessary to examine some important case types,such as accounts receivable confirmation,participation level in medical injury,and no.24 of guiding cases,etc.
Constituent Elements of General TortCompensable DamageFault BehaviorFactual CausationLegal Causation
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