I. Provisions of various countries on tort

Civil law countries usually define tort in the form of legislation, but different countries define tort differently. In common law countries, any act that violates the obligations stipulated by law and causes damage to others is regarded as infringement.

Generally, the principle of fault, the principle of presumption of fault and the principle of no-fault under special circumstances are adopted as the basis of tort liability.

Secondly, the choice of law in the case of concurrence of tort liability and breach of contract liability.

The concurrence of tort liability and breach of contract liability means that an illegal act has two properties: tort and breach of contract.

When tort liability and breach of contract liability overlap, China's laws allow the parties to choose their own favorable cause of action.

Legal choice under the concurrence of tort liability and breach of contract liability.

Section 2 Application of Law to Tortious Debt

First, the principle of legal application of traditional tort

(a) the law of the place where the infringement occurred

1. In most countries in the world, the place where the damage is caused is the place where the infringement occurs.

2. The United States regards the place where the damage occurred as the place of infringement.

3. The place where the damage was caused and the place where the damage result occurred shall be regarded as the place where the infringement occurred.

(2) the law of the court.

Britain adopted this rule, and so did Swiss private international law 1987.

(3) The overlapping application of the law of the place of conduct and the law of the place of court.

1. Tort law takes precedence.

2. Priority shall be given to the application of the law of the forum.

Second, the applicable principles of contemporary tort law

(A) the tort law itself

The origin, content and uncertainty of tort law itself.

(B) the principle of limited autonomy

(3) The * * of the parties belongs to the personal law.

Second, China's current legislation in the field of foreign-related infringement

Article 146 of the General Principles of Civil Law stipulates that the law of the place where the infringement occurred shall apply to the compensation for the damage caused by the infringement. If both parties have the same nationality or domicile in the same country, the laws of their own countries or residences can also be applied. The laws of People's Republic of China (PRC) do not consider acts outside the territory of People's Republic of China (PRC) as torts, and do not treat them as torts.

The Supreme People's Court has an explanation for this provision: the place where the infringement occurred includes the place where the infringement occurred and the place where the damage result occurred. If the two are inconsistent, the people's court will choose to apply.

Section III Legal Application of Several Special Torts

First, the legal application of maritime tort debt

(1) infringement on the high seas

(2) Territorial sea infringement

(3) The legal provisions of China law on foreign-related maritime tort.

Article 273 of China's Maritime Law stipulates that the law of the place where the infringement occurred shall apply to the compensation for ship collision damage. The law of the place where the court accepts the case shall apply to the compensation for the damage caused by the collision of ships on the high seas. No matter where ships of the same nationality collide, the laws of the flag state shall apply to the compensation for damages between colliding ships.

Second, the legal application of aviation tort debt

1. The law of the place where the aircraft is registered shall apply to the infringement occurring on the aircraft.

2. Infringement caused by aircraft collision or collision between aircraft and other objects shall be governed by the laws of the aircraft registration place of the collided party or the injured party. If the injured party is also at fault, the law of the court can be applied. Aircraft of the same nationality may apply their own laws.

3. Where an aircraft accident causes passenger casualties or damage to articles, the law of the place where the aircraft is registered or the law of the court shall apply.

4. The international conventions regulating air tort are:

(1) Convention for the Unification of Certain Rules of International Air Transport, abbreviated as Warsaw Convention 1929.

(2) Amend 1929 12 10, the protocol of the Convention for the Unification of Certain Rules of International Air Transport signed in Warsaw, which is referred to as The Hague Protocol 1955 for short.

(3) The Convention for the Unification of Certain Rules of International Air Transport Supplemented by Non-Contracting Carriers, referred to as Guadalajara Convention for short, 196 1.

Third, the legal application of foreign-related product liability.

Foreign-related product liability refers to the liability for damages borne by the manufacturer, producer and seller of the product when the product is defective or the purpose or method of use is not correctly stated, causing personal or property damage to consumers or users.

The legal application of product liability varies from country to country.

America. The traditional rule is to apply the law of the place of guarantee and the law of the place where the infringement occurs. Modern rules advocate that the applicable law should be determined according to the center of gravity theory, the most important connection theory, the government interest theory, the better law theory and the most favorable plaintiff theory.

Britain. The applicable law is determined by the principle of double litigation. The principle of double litigation means that product liability is regarded as infringement only when the court and the place where the infringement occurred are considered as infringement.

France. It claims that product liability applies to the law of the place where the damage occurred.

Switzerland. Product liability is governed by the law of the infringer's place of business. If there is no business place, the laws of habitual residence and the laws of the country where the product is obtained shall apply.

Australia. It is suggested that the laws of the place where the products are produced, the laws of the place where the goods are sold and the laws of the place where the products cause damage can be considered.

1973 The Hague Conference on Private International Law formulated the Convention on the Law Applicable to Product Liability.

1. Scope of application of the Convention.

2. Legal application of product liability cases

(1) stipulates five connection points, namely, the place where the damage occurred, the victim's habitual residence, the location of the main business office of the claimant, the place where the victim bought the product, and the connection point selected by the parties.

(2) It is stipulated that a law needs at least two connection points as a condition for becoming the applicable law.

(3) Four legal application orders are stipulated:

Four, the application of the law of highway traffic accidents

Highway traffic accidents refer to accidents involving one or more traffic-related motor vehicles or non-motor vehicles.

(1)1971may, the Hague conference on international traffic law formulated the convention on the application of laws to road traffic accidents, which stipulated the legal application of road traffic accidents.

(b) Provisions of China on the application of traffic accident laws.

Article 302 of China's Contract Law stipulates: "The carrier shall be liable for damages for the casualties of passengers during transportation, except that the casualties are caused by the passengers' own health or the carrier proves that the casualties are caused by the passengers' intentional or gross negligence. The provisions of the preceding paragraph apply to passengers without tickets who are free, hold preferential tickets or are allowed by the carrier. " This provision establishes the basis of compensation in essence, and to some extent, it changes the situation that there was no legal basis in the past, but there is no clear provision on the choice of law in China at present.

Legal application of verb (verb's abbreviation) oil pollution damage compensation

1969 the international maritime organization concluded the international convention on civil liability for oil pollution damage in Brussels, which has come into effect and China formally joined it in April 1984. This Convention is mainly a convention for unifying substantive law, including the following basic contents:

1. Scope of the Convention

2. The scope of compensation for oil pollution damage

3. Liability composition and exemption.

4. Scope of responsibility

5. Establishment and distribution of compensation funds

6. shipowner's claim

7. Jurisdiction and recognition and enforcement of judgments of States parties

China has decided to join 1969 International Convention for Intervention in Oil Pollution Accidents on the High Seas and 1973 Protocol for Intervention in Pollution by Non-oil Substances on the High Seas on 9 October. In addition, Article 265 of China's Maritime Law also stipulates the limitation of action for oil pollution damage, namely: "The limitation period for claims for oil pollution damage from ships is three years, counting from the date of damage; However, in any case, the limitation period shall not exceed the time when the accident that caused the damage occurred.