醫院人力外包業務案:醫療傷害事件之不真正連帶債務 —鼻胃管錯接案【學習式判解評析】 試閱
A Case Study on the Business of Human Resources Outsourcing in Hospitals: Quasi- Joint Obligation in Medical Tort— A Case about Misplaced Nasogastric Tube
本案事實涉及基於不同法律規定而對同一債權人負連帶賠償責任之不同侵權行為人間,由於債權人僅能受領一份給付所生之不真正連帶關係,乃藉此說明我國目前學說實務對於連帶債務與不真正連帶債務所採分類標準、效力規定等見解,進而提出本文觀點。
The facts of this case involve a quasi-joint obligation, according to which different legal provisions based on the same creditor is jointly and severally liable for compensation between different tortfeasors, because the creditor can only receive a payment of the unreal joint and several relationship. By introducing this case, it would be to illustrate the opinions according to the theories and the legal practice in Taiwan, such as the classification standards for the joint obligation and the quasi-joint obligation and the provision for the validity, then the author’s opinion.
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