Proportional liability in torts with uncertain actual causation is based on the proportionate likelihood that the tortious act caused the specific damage as the criterion for establishing causation and thus for allocating responsibility proportionally.Although there are a large number of legal judgements applying the theory of proportional liability in our judicial practices,however,the lack of a clear adjudicative basis has led to a more general phenomenon of non-uniform application of legal norms and inability to comply with them.Proportional liability reflects a rational allocation of risks to society,fitting of core values with the internal and external systems of the Civil Code.It is feasible to introduce it into our private law system by means of legal interpretation.Specifically,article 1231 of the Civil Code applies in the case of the tort of pollution of the environment by several persons where the factual causality is not clear.Afterwards,for other types of counting infringements,article 1172 of the Civil Code applies.Finally,in other cases of separate infringement where the factual causation is not clear,article 1165 of the Civil Code should be applied.
torts with uncertain actual causationproportional liabilityadjudicative basis of decision
NETL
NSTL
万方数据
