Reflection And Reconstruction On The Relation Between Contract Law And Tort Law

Civil law scholars focus on the issue of relationship between contract law and tort law. Tort law widens the scope which belongs to that of contract law originally, and its expansion causes chaos within tort and civil law. While at the same time, contract law is facing the fate of shrinking, such as, the decline of the contract consideration theory, the contract relativity rules and the autonomy rule. In this case, the paper is along the history, drawing on the different models from two legal systems and based on national circumstances. On the background of expansion of tort law, contract law and tort law are analyzed quantitatively, and cases of pure economic loss, infringing creditor's rights from the third person and competing responsibilities are designed. Reflection and reconstruction on the relation between contract law and tort law both have theoretical and practical significance.This article is divided into five chapters. Chapter 1 is ready for the theory research, to discuss on the problem of the death and rebirth of the comtract, to stress on concerns about the decline of contract law. Chapter 2 is the analysis about two laws'theory association and system consistent, and the two laws are compared from debt, effectiveness and other areas. In Chapter 3 complementary of contractual relief to the infringement is discussed, and the validity of the contract is certificated by setting out the rationality of values of contract law, the scope of right protection, elements, remedies and economic advantages of contractual liability. Chapter 4 is about several specific issues across fields of two law, including system designs of pure economic loss, infringing creditor's rights from the third person and competing responsibilities.Chapter 5 is on multi-relief ideas, on the basis of comparative law, through the analysis of dual relief system and amendment to breach and tort liability expanding, the third protection responsibility is proposed.Ternary relief system including "Liability for breach,tort and protection" is built, and recommendations about the civil code with Chinese characteristics are presented.