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Civil liability is defined as follows:
2. Such legal consequences are guaranteed by national laws and enforceable;
3. The purpose of stipulating civil liability is to restore and remedy the damage to rights and property losses that have been caused;
4. Civil liability arises from the breach of civil obligations;
5. Civil liability is different from civil obligation
1) Civil obligation is to stipulate what the obligor should do or not to do, which is not sanctioned, while civil liability is the legal consequences that should be borne by the obligor for violating the obligation, and is sanctioned;
2) Civil obligations arise as a result of legal provisions or agreements between the parties, and civil liabilities can only arise from illegal acts in violation of obligations.
6. According to the cause of liability, civil liability can be divided into liability for breach of contract and tort liability.
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Legal analysis: According to the provisions of China's Civil Code, civil liability mainly includes the return of property, repair, rework, and replacement; payment of liquidated damages; compensation for damages; Eliminate the impact and restore the reputation; Apologies, etc.
Legal basis: Article 179 of the Civil Code of the People's Republic of China The main ways to bear civil liability are:
1) Cease the infringement;
2) removal of obstructions;
c) eliminate the danger;
4) the return of property;
5) restitution;
6) Repair, rework, and replacement;
vii) continued performance;
8) Compensation for losses;
9) Payment of liquidated damages;
10) Eliminate the impact and restore reputation;
11) Apologize.
Where the law provides for punitive damages, follow those provisions.
The methods of bearing civil liability provided for in this article may be applied separately or in combination.
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1) Cease the violation.
2) Remove obstacles.
3) Eliminate hazards.
4) Return of property.
5) Reinstatement.
6) Repair, rework, replacement.
7) Compensation for damages.
8) Pay liquidated damages.
9) Eliminate the impact and restore the reputation.
10) Apologize.
1. The concept of civil liability.
Civil liability, the abbreviation of civil legal liability, refers to the civil legal consequences that a civil entity bears in accordance with the Civil Balance Law or the civil legal liability that should be borne based on the special provisions of the law due to the commission of civil violations in civil activities. Civil liability is a kind of legal responsibility, is an important measure to ensure the realization of civil rights and civil obligations, is the civil legal consequences that civil subjects should bear due to the violation of civil obligations, it is mainly a means of civil remedy, aimed at the victim, the rights and interests of the infringed can be restored.
Constitutive elements: 1. The objective existence of the fact of damage. Damage refers to the adverse impact on the rights of a civil subject due to a certain act or event. The subject of the right can only request legal relief if it suffers pre-processing damages;
2. The illegality of the act. Refers to a violation of a prohibitive or imperative provision of a law. Unless otherwise provided by law, the perpetrator shall only bear legal responsibility for his or her own illegal acts;
3. The causal relationship between the illegal act and the fact of damage. As an element of civil liability, causal relationship refers to the inevitable connection between the actor's act and its objects and the fact of damage;
4. The fault of the actor. The fault of the actor is the state of mind that the actor had when he committed the illegal act, and is a subjective element of civil liability.
2. The difference between civil liability and tort liability.
Civil liability refers to the civil legal consequences that a civil subject should bear due to the violation of civil obligations (statutory obligations or contractual obligations), which can be divided into liability for breach of contract, tort liability and other liabilities. Tort liability generally refers to the civil legal consequences that a civil subject should bear as a result of committing a tortious act, and can be divided into general tort liability and special tort liability. It should be noted that there are more ways to bear civil liability than tort liability.
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