The Liability Foundation of Compulsory Automobile Liability Insurance Law
Date Issued
2008
Date
2008
Author(s)
Chen, Ke-Ming
Abstract
After the amendment of Compulsory Automobile Liability Insurance Law in 2005, the liability insurance institution has been established. But the most important problem is what the liability foundation of Compulsory Automobile Liability Insurance is. To view the compensation liability about automobile traffic accident in the existing law, there is no liability whose liability constitutive elements can agree with the insurance provision elements of the liability insurance. So that a new liability foundation of Compulsory Automobile Liability Insurance should be advanced. No matter the theory or legislation of strict liability is not very enough in Taiwan, so perspective of comparative law before the establishment of the new liability system is necessary. With reference to the comparative subject, this article select Germany, Japan and France whose compensation system is also the way of strict liability collocating with liability insurance. Expecting that through perspective of comparative law, the contents of strict liability could be more acquainted and useful to the establishment of the new liability system. At last, this article would attempt to establish the new liability system of Compulsory Automobile Liability Insurance Law. About the contents of the new liability foundation, besides deliberating the spirit of strict liability theory, agreeing with the insurance provision elements of the liability insurance must be noticed. Therfore, the feature of the new liability system is departing from the tort law in the civil law.
Subjects
strict liability
traffic accident
compensation liability
Compulsory
Automobile Liability Insurance
liability foundation
SDGs
Type
thesis
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