Civil Code § 1192 Gross Negligence Judicial Recognition of Gross Negligence

Yiwan Wang

《World Scientific Research Journal》 9卷11期 (2023/11) Pp. 133-144

https://doi.org/10.6911/WSRJ.202311_9(11).0017

摘要

Through the study of the theory of gross negligence and the boundaries of tort liability, summary involving the Civil Code Article 1192 gross negligence judicial determination of the judgment instruments and research found that there are the following deficiencies: in the constitutive elements as well as the determination of the standard, the subjective requirements of whether there is awareness, objectively caused the degree of danger or damage to the determination of gross negligence, was found after the subjective and objective criteria for the specific why; in the After the study of judicial examples, it is necessary to make reasonable restrictions on the determination of gross negligence, and to clarify the elements that may affect the determination of gross negligence, for example, in the determination of the premise, it should be confirmed that the two parties constitute a personal labor relationship; in the recovery of responsibility, after the determination of gross negligence, how to recover the compensation from the ultimate responsibility of the person who is responsible for the recovery of the compensation; in the assumption of responsibility, the provision of labor services to the party's assumption of the way how to undertake, and how to assume more In terms of liability, what is the way of providing labor and how to undertake it is more scientific. In conclusion, this paper will study the judicial determination of gross negligence in Article 1192 of the Civil Code, and make empirical analysis and summary of the constitutive elements of gross negligence, determination criteria, determination premise, liability recovery and assumption of responsibility after the determination of the article, in order to provide references for the future judicial practice.

關鍵字

Article 1192 of the Civil Code ； Gross negligence ； Judicial determination ； Labor relations

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