On the Responsibility Sharing Among Multiple Subjects in the Event of Damage Caused by an Instigated(Assisted)Ward
Article 13 of Interpretation Ⅰ of the Tort Liability Part of the Civil Code clearly stipulates that the sharing of responsibility among the instigator,the helper,the guardian and the trustee is handled in accordance with the provisions of Articles 10 and 12,which can be divided into three levels.Firstly,the instigator and helper bear full responsibility,which should be limited to to situations where the instigator and helper have full causative force for the occurrence of the damage and are subjectively intentional.After bearing full responsibility,the instigator and helper may seek compensation from the guardian who is at fault.Secondly,if the guardian fails to fulfill his duty of guardianship and bears responsibility,he is responsible for his own responsibility and has no right to recover from the instigator and helper,but he can recover from the trustee who is at fault in the paid contract or the trustee who is grossly negligent in the unpaid contract.The compensation may be paid first from the property of the ward,with the guardian paying any shortfall.Therefore,the recovered expenses should also be given to the ward first.Thirdly,the trustee and the guardian are of the same sequence and bear responsibility within the scope of their failure to comply with the terms of the trust contract or to fulfill their guardianship duties.According to the principle of one-way joint and several liability,the trustee is not entitled to recover from the guardian,but based on the rules of the entrustment contract in Article 929 of the Civil Code,the trustee with general negligence in the gratuitous entrustment contract can recover from the guardian.
instigationassistanceentrusted guardianshiprecoveryone-way joint and several liability
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