How to compensate for the external wall falling off of high-rise residential buildings

Based on the infringement relationship, seek compensation from the infringing 24th floor owner; Based on the insurance relationship, the insurance company that claims from the insurance company has the right of recourse and can declare that it will give up claiming from the owner; If the amount of compensation is less than the actual loss, the insurance company still requires the owner to pay compensation.

The object of the owner's claim for compensation is the loss caused by the infringement of the compensation amount; The insurance contract of the subject matter of the insurance company's claim is applicable.

The way to bear civil liability is to restore the original state and replace the old car with a new one.

Extended data:

Specific provisions: Article 126 of the General Principles of the Civil Law: If a building collapses, falls off or falls, and the owner or manager can prove that he is not at fault, he shall bear civil liability.

Article 87 of the Tort Liability Law stipulates that if an object thrown from a building or an object falling from a building causes damage to others, and it is difficult to determine the specific infringer, in addition to proving that he is not an infringer, the user of the building who may have caused the damage shall pay compensation.

This regulation limits the responsible person and makes the possible building users bear the liability for compensation, which will neither lead to the situation that the victims can't get relief because of the damage results, nor lead to the amount of personal compensation being too much and too little because of the obligors. To a certain extent, it can urge the building users to do their duty of care to prevent such incidents, and will not expand the scope of the obligors for compensation indefinitely. Therefore, this legislative provision is more reasonable and embodies the principle of fairness.

After determining the subject of liability for compensation, "users who may endanger the building" should bear joint and several liability, not joint and several liability. Reason: Sharing responsibility can reduce the pressure and make it easier for victims to get compensation.

At the same time, through the "possible building users" to provide evidence to prove that they are not infringers, the scope of the perpetrators can be narrowed, and economic incentives can stimulate their obligation to testify.

In addition, responsibility according to share can also play a role in preventing similar cases from happening.

Joint and several liability: firstly, it excessively aggravates the user's responsibility, which fails to achieve the purpose of information litigation and is not conducive to social stability; Second, it violates the principle of fairness. If the "possible building users" bear joint and several liability, the real perpetrators will be at large and justice will not be realized. Third, joint and several liability will lead to the realization of internal creditor's rights.

References:

Baidu encyclopedia? Tort Liability Law of People's Republic of China (PRC) (Law) _