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Study On The Concurrence Of Tort Liability And Liability For Breach Of Contract

Posted on:2006-05-08Degree:MasterType:Thesis
Country:ChinaCandidate:Y M JiangFull Text:PDF
GTID:2166360182465517Subject:Law
Abstract/Summary:PDF Full Text Request
The concurrence of tort liability and liability for breach of contract means that an illegal act the doer exercises simultaneously accords with the constitutive requirements of tort liability and liability for breach of contract, the obligee can require the obligor to assume any liability, but once the obligee takes the liability, the liable relations between parties then lead to elimination. On the basis of definition of concept, the dissertation analyzes the characteristics and forms of concurrence of tort liability and liability for breach of contract. In order to clearly realize the concurrence of tort liability and liability for breach of contract, the dissertation reviews the historical development of the concurrence of tort liability and liability for breach of contract, and on the basis of which the dissertation analyzes the reasons of concurrence of tort liability and liability for breach of contract. The dissertation wholly and carefully probes into the three representative theories of concurrence of tort liability and liability for breach of contract, concurrence of articles of law theory, concurrence of right of claim and concurrence of provisions of claim, points out the disadvantages and drawbacks, and analyzes the legislative cases of two main law systems to deal with tort liability and liability for breach of contract. On the basis of comparative analysis, the dissertation thinks over the theory and legislative situation of the concurrence of tort liability and liability for breach of contract, puts forward the theory of selection of regulations of claim, holding that the concurrence of claim is the normal phenomenon in the development of laws and the results of the concurrence of different regulations of contract law and tort law on the same life interests relations. Two kinds of different legal regulations entitle the victim two kinds of different right of claim or right of remedy, however in order to regulate the exercise, the law shall limit it, so two kinds of claim of victim shall choose one, and cannot assign, after the ending of first trial, the victim cannot alter the procedural claim. The legislation of concurrence of tort liability and liability for breach of contract is a kind of break, but there are still loopholes and shall be perfected.
Keywords/Search Tags:tort liability, liability for breach of contract, Concurrence of liability, theory of selection of claim regulation
PDF Full Text Request
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