A Study on the Compensation for Pecuniary Loss of Wrongful Death
Date Issued
2012
Date
2012
Author(s)
Cheng, Ling-Ling
Abstract
The core of this thesis is based on the discussion of the R.O.C. Civil Code §192 a. and b., since it rules out that the indirect victims of wrongful death who suffer from pecuniary damages by surviving the death victims, such as paying the medical fee, nurse curing, or even the funeral; or the descendants who lost the benefits of legally be-bred right because the death of the victim, all the alleged people are privileged to ask the perpetrator to cover their losses or damages. However, according to the traditional opinions, the rule §192 is expository and the indirect victims cannot base on rule §192 solely to claim their right unless there are other legal rules exist.
Moreover, according to the separation of "rights" and "economic benefits" in the traditional torts law system, the different types of damages have different elements while claiming. In the case of rule §192, the damages are economic losses, thus, those kinds of damages cannot be claimed basing on the regular torts law rule §184 because the lack of intention. As the result, the classical issues of rule §192 have no chances to be claimed and lose the real meaning in the code.
Since the rule §192 plays the important role for indirect victims in wrongful death to get the compensation of economic losses. In this article, the author bases on the study of code modifying reasons, the methods of legal explanation, the weakness of granting rule §192 as an expository rule, and the comparison of other similar rules, try to find the right position of rule §192 as an independent legal right for indirect victims to claim the compensation of pecuniary loss in wrongful death.
Subjects
indirect damages
torts
economic loss
pecuniary loss
assumption of risk
damages
incomplete rule
the base of legal right
Type
thesis
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