The will of the victim born in the sports or games of the effect of tort liability

• Main Authors: I-CHIH CHIU, 邱奕智
• Other Authors: "none"
• Format: Others
• Language: zh-TW
• Published: 2010
• Online Access: http://ndltd.ncl.edu.tw/handle/11942748042331046962

碩士 === 國立中正大學 === 法律所 === 98 === Promise in the application of the principles of the victims, the victims must have freedom of action to the right competence, these are the right people for the promise of the requirements. And if the violation involved the rights of the majority of victims, all victims must be the promise. The second point, the victim must have promised ability to effectively can promise, The promise of the availability of capacity, nor should depend on the capacity of civil law, which can not be specific as the difference between the age criteria, but should be under the specific events , whether the victim has a right to be against the recognition and the ability to base decisions, and must consider the types of rights have been infringed, the right to higher or lower against the value of comprehensive consideration. Third, an effective promise, must come from the victims of free will, subject the victim to lose the meaning of the decision of the Liberal promise made, promise is not effective, especially for rape, coercion to achieve the promise of behavior. The behavior-based cheated and made the promise in principle, should be null and void. Fourth, the victim of promise, we must act in the harming or harming behavior before the implementation there. If the rights have been infringed before given promise, the promise can only be regarded as abandonment of claims for damages, not against the law negates the effect. Fifth, promised to form and spirit, but that limitation, express or implied, as long as victims of the acts, can allow perpetrators to understand its true meaning. Sixth, the victim in the offender has not yet implemented by the promise of violations before, or by the promise and the harmful acts not end before the promisor could still withdraw its promise. The seventh point, the victim is promised to the legal person of the right of self realization, if committed by another person''s behalf, will lose the essence of the victim promised, but also makes the problem complex. Constitutes a promise to the victims, their legal effect is the illegal act of obstructing or harm. In the application of "willingly risk" principle, the first act of deliberate harm first confirm or negligence, if the Department of intentional acts, uses the "victims the promise that" the elements of inspection; willing to take risks from the Department for the negligent acts of harm. Also be on the injury suffered by the victim and determined to make value judgments, whether the result of the damage system of the risks inherent in sports or games, if the system, then that is willing to take risks from the application of the principle. If there is no general tort Zeyi three elements of the test. Again, that is, whether there is an objective test perpetrators of violations of the duty of care? If so, that is willing to take risks from secondary implied, negates the harmful conduct is not illegal, whereas the "fault offset" The approach. If the offender was no breach of duty of care objectively, then are willing to take risks since it negates the offense. Promise of the victim through the above and are willing to risk the description, this paper argues: Since the victims were willing to take risks than the promise of more appropriate sports or games are usually born in the Tort of Negligence Accident. But the case of intentional violations, they have been promised more victims will be processed in a more properly apply. In addition, although China and France did not promise the victims and are willing to risk it explicit, but the theoretical basis, we can see in practice may still use the. Sports and games have become an important part of daily life, sport can serve as a means of fitness and sports related industries, sport is a very broad industry involves not only athletes, including the organizer, spectators are in sport faced with certain safety risks. Held once every four years to the Olympic Games on the case, the various sports of the Olympic Games in all sports competition between teams is understandable, of course, the inevitable emergence Infringement. As, 『』 SBL fights the track when faced with intensified violence, as well as various violations of campaign ethics and fair competition act, not avoid, must re-examine sports, games, and the legal relations. That "justice should not be involved in athletic competition disputes" point of view has been difficult to adapt to the professional under today''s professional and marketization (professional) sports.