Distinction Between Acts and Omissions

 

Title
Distinction Between Acts and Omissions
Author
Yao-Ming Hsu
Keywords
Act, Omission, Distinctions Between Acts and Omissions,
Guarantor’s Position, The Wrong
Abstract
The purpose of this article was to distinguish acts and omissions. After reviewing
all the predominant criteria, the author proposed to define acts and omissions
from the perspective of the interaction between persons. That is, an act means
the exportation of risk from one’s field of rights to another, whereas an omission
refers to the non-elimination of existing risk in other’s field of rights. These definitions
do not rely on the empirical phenomena; therefore they can solve the difficult
cases, where one single activity could be interpreted in different ways.
Abstract Article

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