Compensation for harm resulting from the usage of a building: Comparative analysis of Russian and Chinese law

The article examines the problem of compensation for harm caused in process using a building and structure. Attention is paid to side defendant relation apartment buildings non-residential buildings, distribution liability case plurality tortfeasors, regulation third-party issues by contract. A comparative analysis legislation Russian Federation People’s Republic China regulating building’s owners (users) contractors involved maintenance as well court practice conducted. choice Chinese legal system due presence special rules Tort Liability Law (2009). According results study, authors have formulated number proposals, particular: unify regime residential purposes third parties; differentiate destruction (its structural components) damage items falling out from (snow or ice roof, advertising designs, objects being thrown building, etc.), allow contractual owner’s provided that victim given right choose (the owner company, contractor involved). also argue favor codified act source tort law, which will ensure consistent studied relations.