Those who are liable for infringement will generally be subject to certain penalties in the Civil Code. There are many situations of infringement and many rights, such as the right to claim is one of them. The law stipulates that those who infringe upon others and cause personal damage shall be compensated for reasonable expenses such as medical expenses, nursing expenses, transportation expenses, etc. for treatment and recovery. I will sort out the relevant information for you. Hope it helps everyone.
How the Civil Code stipulates the right to request for a cessation of infringement. Article 1167 of the Civil Code: Liability liability for endangering the personal and property safety of others. If an infringement endangers the personal or property safety of others, the person shall be infringed. A person has the right to request the infringer to bear tort liability such as stopping the infringement, removing obstacles, and eliminating dangers.
How to bear tort liability (1) Stop the infringement When the infringement committed by the tortfeasor is still continuing, the victim can request the court to order the infringer to stop the infringement of personal or property rights in accordance with the law. This is a basic form of civil liability in tort. Stopping the infringement can stop the infringement in time and prevent the consequences of the infringement from continuing to expand. This form of liability does not apply if the infringement has not yet been committed or has been completed. If there are other special provisions in relevant intellectual property laws, such provisions shall prevail. (2) Elimination of Obstacles When the infringement committed by the tortfeasor prevents the normal exercise of the property rights and personal rights of the victim, the victim has the right to request the elimination of obstructions. The obstruction should first of all actually exist. For example, if planning is violated during house construction and the lighting of others is affected, the victim has the right to request the infringer to remove the obstruction. For possible dangers to persons and property rights, this tort liability shall not apply, but the tort liability of eliminating the danger shall apply. Secondly, the obstruction should be illegal, that is, an obstruction to personal or property rights should be a violation of legal provisions. If it is a legal act, there is no right to request that the obstruction be eliminated. If the public security organs place a criminal suspect under residential surveillance in accordance with the law, the person under residential surveillance has no right to request that the obstruction be removed. (3) Eliminating the danger When the actor's behavior poses a threat to the personal and property safety of others, or there is a risk of causing damage to the person or property of others, the person in danger has the right to require the actor to take measures to eliminate the danger. Because the consequences of the infringement have not yet appeared, it should be said that eliminating the danger is not a tort liability in the strict sense. However, eliminating the danger can prevent the occurrence of actual damage in advance, which is more significant than requiring compensation after the damage occurs. For many damages, it is Remedies cannot compensate for losses, such as personal injury and disability, the consequences of which are irreversible. No compensation can help the victim recover. In view of the fact that although the danger has not caused actual harm to others, if the danger is allowed to exist, it will inevitably lead to harm, the person in danger has the right to demand that the danger be eliminated. For example, if the billboard set up by A is about to fall, posing a threat to the personal safety of pedestrians, the pedestrians can ask A to repair it to eliminate the danger. (4) Return of property When the tortfeasor takes the property of others as his own without legal basis, the victim has the right to demand the return of the property. The return of property is a manifestation of the right of recourse. According to civil law theory, no matter who the subject matter of property rights is transferred to, its owner can require the possessor of the property to return it. (5) Restoration to original condition Restoration to original condition refers to the infringement that causes other people’s property to be damaged or changed in shape. The victim has the right to request the infringer to repair the damaged property or take other measures to restore it to its original condition. For example, when A renovates B's house while renting it, B has the right to require A to restore the house to its original condition. (6) Compensation for losses When an infringer causes property or personal damage to others, compensation shall be provided. The so-called compensation means to make up for the losses suffered by the victim in the form of money. Generally speaking, it includes compensation for property damage, compensation for personal injury and compensation for mental injury.