Understanding and Application of Fair Responsibility in the Civil Code

Abstract

Article 1186 of the Civil Code limits the scope of fair liability and effectively prevents the abuse of fair liability. Fair
liability has undergone three legislative changes, and there are disputes as to whether fair liability is an independent imputation
principle or a liability distribution rule. Through the understanding of Article 1186 of the Civil Code, the applicable scope of fair
liability can be better clarified. The scope of application of fair liability in academic circles mainly includes the following four:
The first is the fair liability for damage caused by emergency avoidance; the second is the fair liability for suffering damage due to
righteousness; the third is the fair liability for the damage caused by people with full civil capacity falling into an unconscious state
or losing control; the fourth is the damage caused by people throwing objects at height Responsibility for fairness.