Article
21 Where a tort endangers the personal or property safety of another person,
the victim of the tort may require the tortfeasor to assume the tort
liabilities including but not limited to cession of infringement, removal of
obstruction and elimination of danger.
Article 22 Where any harm caused by a tort to a personal right or interest of
another person inflicts a serious mental distress on the victim of the tort,
the victim of the tort may require compensation for the infliction of mental
distress.
Article 23 Where one sustains any harm as the result of preventing or stopping
the infringement upon the civil right or interest of another person, the
tortfeasor shall be liable for the harm. If the tortfeasor flees or is unable
to assume the liability and the victim of the tort requires compensation, the
beneficiary shall properly make compensation.
Article 24 Where neither the victim nor the actor is at fault for the
occurrence of a damage, both of them may share the damage based on the
actual situations.
Article 25 After the occurrence of any harm, the parties may consult each other
about the methods to pay for compensations. If the consultation fails,
the compensations shall be paid in a lump sum. If it is hard to make the
payment in a lump sum, the payment may be made in installments but a
corresponding security shall be provided.
Chapter III Circumstances to Waive Liability and Mitigate Liability
Article 26 Where the victim of a tort is also at fault as to the occurrence of
harm, the liability of the tortfeasor may be mitigated.
Article 27 The actor shall not be liable for any harm that is caused
intentionally by the victim.
Article 28 Where any harm is caused by a third party, the third party shall
assume the tort liability.
Article 29 Where any harm to another person is caused by a force majeure, the
tortfeasor shall not be liable, except as otherwise provided for by law.
Article 30 Where any harm is caused by self-defense, the person exercising
self-defense shall not be liable. If the self-defense exceeds the necessary
limit, causing any undue harm, the person exercising self-defense shall assume
proper liability.
Article 31 Where any harm is caused by any conduct of necessity, the person
causing the occurrence of danger shall be liable. If the danger is as the
result of a natural cause, the person causing the harm for necessity shall not
be liable or shall make proper compensation. If improper measures of necessity
are taken or a necessary limit is exceeded, causing any undue harm, the person
causing the harm for necessity shall assume proper liability.
Chapter IV Special Provisions on Tortfeasors
Article 32 Where a person without civil conduct capacity or with limited civil
conduct capacity causes any harm to another person, the guardian shall assume
the tort liability. If the guardian has fulfilled his guardian duties, his tort
liability may be mitigated.
Where a person without civil conduct capacity or with limited civil conduct
capacity, who has property, causes any harm to another person, the
compensations shall be paid out of his own property. The guardian shall make up
any deficit of the compensations.
Article 33 Where a person with full civil conduct capacity causes any harm to
another person as the result of his temporary loss of consciousness or control
of his conduct, if he is at fault, he shall assume the tort liability; or if he
is not at fault, the victim shall be compensated properly according to the
economic condition of the person causing the harm.
Where a person with full civil conduct capacity causes any harm to another person
as the result of his temporary loss of consciousness or control of his conduct
due to alcohol intoxication or abuse of narcotic or psychoactive drug, he shall
assume the tort liability.
Article 34 Where an employee of an employer which is an entity causes any harm
to another person in the execution of his work duty, the employer shall assume
the tort liability.
Where, during the period of labor dispatch, a dispatched employee causes any
harm to another person in the execution of his work duty, the entity employer
receiving the dispatched employee shall assume the tort liability; and the
entity employer dispatching the employee, if at fault, shall assume the
corresponding complementary liability.
Article 35 Where, in a labor relationship formed between individuals, the party
providing labor services causes any harm to another person as the result of the
labor services, the party receiving labor services shall assume the tort
liability. If the party providing labor services causes any harm to himself as
the result of the labor services, both parties shall assume corresponding
liabilities according to their respective faults.
Article 36 A network user or network service provider who infringes upon the
civil right or interest of another person through network shall assume the tort
liability.
Where a network user commits a tort through the network services, the victim of
the tort shall be entitled to notify the network service provider to take such
necessary measures as deletion, block or disconnection. If, after being
notified, the network service provider fails to take necessary measures in a
timely manner, it shall be jointly and severally liable for any additional harm
with the network user.
Where a network service provider knows that a network user is infringing upon a
civil right or interest of another person through its network services, and
fails to take necessary measures, it shall be jointly and severally liable for
any additional harm with the network user.
Article 37 The manager of a public venue such as hotel, shopping center, bank,
station or entertainment place or the organizer of a mass activity shall assume
the tort liability for any harm caused to another person as the result of his
failure to fulfill the duty of safety protection.
If the harm to another person is caused by a third party, the third party shall
assume the tort liability; and the manager or organizer, if failing to fulfill
the duty of safety protection, shall assume the corresponding complementary
liability.
Article 38 Where a person without civil conduct capacity sustains any personal
injury during the period of studying or living in a kindergarten, school or any
other educational institution, the kindergarten, school or other educational
institution shall be liable unless it can prove that it has fulfilled its
duties of education and management.
Article 39 Where a person with limited civil conduct capacity sustains any
personal injury during the period of studying or living in a school or any
other educational institution, the school or other educational institution
shall be liable if failing to fulfill its duties of education and management.
Article 40 Where, during the period of studying or living in a kindergarten, a
school or any other educational institution, a person without civil conduct
capacity or with limited civil conduct capacity sustains any personal injury
caused by any person other than those of the kindergarten, school or other
education institution, the person causing the harm shall assume the tort
liability; and the kindergarten, school or other educational institution shall
assume the corresponding complementary liability if failing to fulfill its
duties of management.
