原因競合에 있어서의 責任分擔 = Legal theory of the proximate cause concurrence in tort

다국어 초록 (Multilingual Abstract)

In these days Art 750 of current civil code prscrive about tort law that the liability ofr damages is solved according to condicio sine qua non of cause and effect. It thought to be not grasped with cause for liability, but based on liability for effect. This thesis intend to point out the questions comparing relations Art 750 and Art 373 of current civil code which a plaintiff is entirely responsible for effect of damages.
But considering the point that causes for an illegal act compets, a plaintiff is not only made to be entirely ilable for demages, a defendant is but also made to, when he has liability for illegal cause,on the base he is ilable for the cause.
The intent of this theisis if to point out that it corresponds to the principle of the impartial liability, an doctrine of damages law in an illegal act.
Conclusively, it is great important task in the but are, which we should apply to decide the problem of the compensation for damage in the cause concurrent between defendant and plaintiff.

목차 (Table of Contents)

• Ⅰ. 序 說
• Ⅱ. 部分적(比率的)因果關係論으로서의 解決論
• Ⅲ. 部分적(比率的)因果關係論의 變容的 解決論
• Ⅳ. 原因競合理論의 構造論과 解決論의 規範과 限界
• Ⅴ. 結 論
• 參考文獻
• ABSTRCT