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引言不真正连带责任在立法上虽有多处具体体现,在司法层面却常与连带责任、补充责任、民事责任竞合,与民事责任聚合以及与替代责任混淆。现就此分别举几个典型案例:Ⅰ.甲委托乙保管货物,乙因重大过失致使货物毁损灭失。Ⅱ.甲委托乙保管财物,因丙的行为致使货物毁损灭失。Ⅲ.买卖合同中卖方甲交付的价值一万元的电视机有缺陷,乙购买后于使用中突然爆炸致伤花去医疗费一万元。
Introduction Not really joint and several liability in the legislative Although there are many concrete manifestation of the judicial level is often associated with the joint liability, complementarity of civil liability, civil liability aggregation and confusion with alternative responsibilities. Here are a few typical cases were cited: I. A commission B to take care of the goods, B due to gross negligence caused damage to the goods destroyed. Ⅱ.A entrusts B to take care of the belongings, the damage of the goods will be destroyed due to the behavior of C. Ⅲ. Sale and purchase of the seller A contract to deliver the value of ten thousand yuan TV defective, after the purchase of B suddenly exploded in use to spend medical expenses 10,000 yuan.