The nine-year-old child belongs to a person with unlimited capacity for civil conduct. In Article 32 of the Tort Liability Law, there are also special provisions on the infringement of a person with no capacity for civil conduct. "If a person with no capacity for civil conduct or a person with limited capacity for civil conduct causes damage to others, the guardian shall bear the tort liability. If a guardian fulfills his guardianship responsibility, his tort liability may be reduced. If a person without civil capacity or with limited civil capacity who has property causes damage to others, he shall pay compensation from his own property. The insufficient part shall be compensated by the guardian. If a person without civil capacity infringes, the guardian shall bear the tort liability. If the infringer has property, he shall first pay the compensation fee from his own property. The insufficient part shall be compensated by the guardian.
Judicial basis:
Article 2 of the Tort Liability Law
Anyone who infringes upon civil rights and interests shall bear tort liability in accordance with this Law.
the civil rights and interests mentioned in this law include personal and property rights such as the right to life, health, name, reputation, honor, portrait, privacy, marital autonomy, guardianship, ownership, usufructuary right, security right, copyright, patent right, trademark exclusive right, discovery right, equity right and inheritance right.
article 3 the infringee has the right to request the infringer to bear the tort liability.
article 32 if a person without or with limited capacity for civil conduct causes damage to others, the guardian shall bear tort liability. If a guardian fulfills his guardianship responsibility, his tort liability may be reduced.
if a person without civil capacity or with limited civil capacity who has property causes damage to others, he shall pay compensation fees from his own property. The insufficient part shall be compensated by the guardian.