Competent Of Contractual Tortuous Liability And Privilege Tortuous Liability

Hellvicy, A French learned man, had raised that "A requisite to constitute law only produces a right to requistment'.the view point has been regarded by western scholars as an import principle of exercising the right of requistment.To be sure,a lot of illegal acts in real life can only result in a kind of right of requistment and responsibility .Under this circumstance,the co-happen of right of requistment does not exist.However,because the abstract provided for by model law standardizes complication and diversity of illegal acts form different angles ,it makes the co-happen of responsibility inevitable.The co-happen of contract responsibility and liability for tort is a common problem in civil law of every country.It is related to the matter of how to keep contract law and tort law in accord in legal system and the . matter that they are valid ,simultaneously or rebell each other .Concerning double illegal acts in view of it .Many countries put for word the theories of "theorie der geselzeskonnrrenz" . "theorie der ansprnchskonknrrenz" theorie der anspruchmounenkonkurrenz. Our country has banned co-happen in prinsiple ,Contract Law issued in 1999 definitely put for world a conception of co-happen of liability which inherited "theorie der ansprnchskonknrrenz" from German Law, there for, it has defects certainly. On the basis of this fact that "Tort Law" has the tendency to protect the injury party ,the following article advances a view-point that co-happen of liability applies to the theory of tort law.