Article 1176 of the Civil Code exempts the victim's assumption of risk as an exemption from liability in specific cases,which is irrelevant to the position of the rule.The exemption from liability for assumption of risk is only one instance of assumption of risk,which exists in a wide range of areas where there is a certain amount of risk,corresponding to different legal effects.The analysis of relevant cases in practice shows that many courts have found that the rule of exemption from liability for assumption of risk rule applies to situations that do not meet the requirements for tort liability.Thus,the court should interpret restrictively the scope of'recreational or sports activity'to which the exemption of assumption of risk applies,it is also necessary to clarify the negligence identification standards.In situations where other participants have intentional or gross negligence,and where the organizer needs to bear responsibility,there is the application of contributory negligence.Where neither the victim nor the actor is at fault,the fair share of losses rules shall not be applied to compensate the victims,and there is no room for the application of the principle of fairness;in practice,a comprehensive loss-sharing mechanism should be established through social security and liability insurance to provide victims with Relief.
关键词
自甘风险/免责事由/过失相抵/损失分担
Key words
assumption of risk/exemption clauses/contributory negligence/sharing of losses
维普
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