ParaTemporarily losing control. 1 of Art. 1190 of the Civil Code provides: “If a person with full capacity for civil act is at fault for causing harm to another during temporary loss of consciousnessTemporary loss of consciousness or being out of control of his/her own conduct, [he/she] shall bear tort liability; if without fault, he/she shall pay for appropriate reliefAppropriate relief to the injured person according to the actor’s economic statusEconomic status.” Para. 2 provides: “If a person with full capacity for civil act causes harm to another during transient loss of consciousnessLoss of consciousness or being out of control of his/her own conduct due to intoxicationIntoxication, or abuse of anestheticAbuse of anesthetic substance or psychopathic substance, he/she shall bear tort liability.” This article is identical to Art. 33 of the former Tort Liability Law in legislative expression.

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Liability of Paying for Relief Based on Fairness for Harms Caused by the Person Temporarily Losing Control of Conduct Without Fault

  • Zhu Wang

摘要

ParaTemporarily losing control. 1 of Art. 1190 of the Civil Code provides: “If a person with full capacity for civil act is at fault for causing harm to another during temporary loss of consciousnessTemporary loss of consciousness or being out of control of his/her own conduct, [he/she] shall bear tort liability; if without fault, he/she shall pay for appropriate reliefAppropriate relief to the injured person according to the actor’s economic statusEconomic status.” Para. 2 provides: “If a person with full capacity for civil act causes harm to another during transient loss of consciousnessLoss of consciousness or being out of control of his/her own conduct due to intoxicationIntoxication, or abuse of anestheticAbuse of anesthetic substance or psychopathic substance, he/she shall bear tort liability.” This article is identical to Art. 33 of the former Tort Liability Law in legislative expression.