The Personal Injury Compensation Liability of Infringing Custodial Right
In relation to third parties outside the guardianship relationship,the guardianship relationship is absolute and exclusive,and the rights arising from the guardian's performance of the guardianship duties in accordance with the law are absolute rights and are protected by the law of torts.The behavior of illegally making the guardian out of the guardianship constitutes the guardian's guardianship infringement,the tortfeasor shall bear the resulting property damage and moral damage.The property damage caused by the infringement of the right of guardianship includes not only the reasonable expenses incurred by the guardian in restoring the guardianship relationship,but also other property losses,such as the loss of lost time at work,suffered as a result of the infringement.Parents and other close relatives acting as guardians have the right to claim compensation for moral damage only if the violation of the right of guardianship has caused serious damage to the parent-child relationship and the relationship of other close relatives.When a person under guardianship dies while out of custody,the close relatives of the guardian have the right to claim damages for the infringement of the guardianship,as well as the right to exercise the right to claim personal injury compensation from the tortfeasor in respect of the death of the guardian;if the person under guardianship is disabled,only the guardian has the right to claim personal injury compensation.Compensation for reasonable funeral expenses is not only in line with the provisions of the Civil Code,but is also a basic requirement of China's traditional ethics and socialist core values.
Civil Codetortguardianshipperson under guardianshippersonal injury compensation liability
万方数据
维普
