Part of the System of Joint and Several Liability in Tort Law:From the Perspective of Securities Misrepresentation
Part of the theoretical basis of joint and several liability comes from the theory of causal force and the ethical spirit of fair proportion.From the perspective of the field of misrepresentation of securities,we can see that the application of some joint and several liability in judicial practice has been expanding,it can be applied in both"Semi-superimposed separate tort"and"Partial joint tort".Facing the present situation in practice,we should pay attention to the systematization of part joint and several liability system and the foundation of claim right.At present,it is advisable to interpret articles 1168 and 1171 of the Civil Code first,then combine with the theory of causal force to deduce the rules of partial joint and several liability.Finally,we should make clear the establishment conditions of part of the joint and several liability,the measurement factors of the liability and the rules of the right of recourse,so as to avoid the risk of the abuse or misuse of part of the joint and several liability,to make partial joint and several liability a rule.
Partial Joint and Several LiabilityTheory of Force of ReasonSecurities MisrepresentationSemi-overlapping Separate TortPartial Joint Tort
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