不法行爲法上 原因競合論 : centering around a defendant's factor concurrence 被害者의 素因競合을 中心으로 = Theory of the Proximate Cause Concurrence in tort law

다국어 초록 (Multilingual Abstract)

In these days Art 750 of current civil code prescrive about tort law that the liability for damages is solved according to Condicio sine Qua non of the interaction of cause and effect.
It is 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 compete, 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 thesis is 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 defendent and plaintiff.

목차 (Table of Contents)

• Ⅰ. 序 說
• Ⅱ. 素因競合理論의 發展
• Ⅲ. 素因競合의 法理論
• 1. 法理論的 根據
• 2. 學說 및 判例
• Ⅳ. 素因競合事例와 그 分析
• 1. 具體的 基準
• 2. 素因의 種類와 奇與度減責
• 1) 病的 素因
• 2) 老因性의 素因(加齡的 素因)
• 3) 心因的 素因
• 3. 兩當事者의 要素의 比較
• Ⅴ. 結 論
• 參考文獻
• Summary