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王竹译:美国统一州法委员会《统一侵权责任分摊法案》(1955年修订)
   2009/11/4 1:39:00
 

(中英文对照参考译本)


 


Uniform Contribution Among Tortfeasors Act (1955 Revised Act)


《统一侵权责任分摊法案》[1]1955年修订)


 


Copyright ©1955 by


NCCUSLNational Conference of Commissioners on Uniform State Laws


 


§ 1. [Right to Contribution].


1 分摊请求权


 (a) Except as otherwise provided in this Act, where two or more persons become jointly or severally liable in tort for the same injury to person or property or for the same wrongful death, there is a right of contribution among them even though judgment has not been recovered against all or any of them.


a)除非本法另有规定,当两个或者两个以上的人因侵权行为对同一人身或财产损害或死亡承担连带责任时,他们之间享有分摊请求权,即使在判决尚未通过向他们全部或者某人求偿而执行亦然。


(b) The right of contribution exists only in favor of a tortfeasor who has paid more than his pro rata share of the common liability, and his total recovery is limited to the amount paid by him in excess of his pro rata share. No tortfeasor is compelled to make contribution beyond his own pro rata share of the entire liability.


b)分摊请求权仅因某一共同侵权行人支付了超过其在共同责任中的按份份额[2]时而产生,其可获赔偿的数额以其支付超过其按份份额为限。任何共同侵权人都不能够被强迫分摊超过其所占全部责任的按份份额。


(c) There is no right of contribution in favor of any tortfeasor who has intentionally [wilfully or wantonly] caused or contributed to the injury or wrongful death.


c)因故意(蓄意或放任)[3]导致或者助成损害或者不当致死的任何共同侵权人不享有分摊请求权。


(d) A tortfeasor who enters into a settlement with a claimant is not entitled to recover contribution from another tortfeasor whose liability for the injury or wrongful death is not extinguished by the settlement nor in respect to any amount paid in a settlement which is in excess of what was reasonable.


d)某一与原告和解的共同侵权人不能向未因其和解免除其因造成损害或不当致死责任的其他共同侵权人寻求分摊,也不能因其为和解而支付的超过其责任的合理数额而寻求分摊。[4]


 (e) A liability insurer, who by payment has discharged in full or in part the liability of a tortfeasor and has thereby discharged in full its obligation as insurer, is subrogated to the tortfeasor's right of contribution to the extent of the amount it has paid in excess of the tortfeasor's pro rata share of the common liability. This provision does not limit or impair any right of subrogation arising from any other relationship.


e)责任保险人,通过支付全部或者部分免除了某一侵权人责任,同时也免除了其作为保险人的全部责任的,可以在超过该侵权人在共同责任中的按份份额的范围内代位行使分摊请求权。本规定并不限制或者削弱任何基于其他关系的代位权。


(f) This Act does not impair any right of indemnity under existing law. Where one tortfeasor is entitled to indemnity from another, the right of the indemnity obligee is for indemnity and not contribution, and the indemnity obligor is not entitled to contribution from the obligee for any portion of his indemnity obligation.


f)本法并不削弱任何基于现行法的追偿权。当某一侵权人享有对他人追偿权时,追偿债权人是基于追偿而非分摊,追偿债务人不享有向债权人请求