2017 Fiscal Year Final Research Report
The capacity of the tortfeasor in civil liability
| Project/Area Number |
15K03199
|
|---|
| Research Category |
Grant-in-Aid for Scientific Research (C)
|
| Allocation Type | Multi-year Fund |
|---|
| Section | 一般 |
|---|
| Research Field |
Civil law
|
|---|
| Research Institution | Kanazawa University |
|---|
Principal Investigator |
|
|---|
| Research Collaborator |
HUKUMOTO tomoyuki 金沢大学, 法学系, 准教授 (80362010)
|
|---|
| Project Period (FY) |
2015-04-01 – 2018-03-31
|
| Keywords | 責任能力 / 過失責任主義 / 不法行為責任 |
|---|
| Outline of Final Research Achievements |
The aim of this study is to establish general rules governing tortious liability of the distracted persons (and his employer)in Japan C. C.§712 and §713. According to the provisions they are completely absolved from responsibilities , because their mental faculties are impaired, or non existent , or they are infants below the age of discretion . The principle aims to protect them being unconscious or in a state of mental illness depriving him of all free will , against responsibility for any injury he had caused to the victim.
But I suggest that in several categories, the distracted person is liable tortious damages . Especially in a traffic accident the first solution which we find here is that the tortfeasor is in a position to pay damages by indemnity insurance . And as the second solution , when the victim may be able to recover damages from a third party , for example the parents or of the distracted tortfeasor or his employer , he is absolved from liability in tort .
|
| Free Research Field |
民法
|
