Private International Law Concerned On The Concurrence Of Contractual Liability And Tortuous Liability

The issue of the concurrence of contractual liability and tortuous liability is a basic one of civil legal theory. In practice, with the development of the diversity of contract forms, people see more and more cases involving the concurrence of contractual liability and tortuous liability. How to deal with this kind of cases in private international law has obviously become a common issue to be faced with by the judicial practice of China and other countries. There are few books or articles on private international law concerned on this issue. This thesis, from perspectives of past and present, theory and practice, comparatively analyzes the existing doctrines and legislative precedents in the continental and common legal family, with theme of comprehensively proactive the victim. Legislative proposals on including concurrence liabilities in Chinese private international legal system are made on comparing the existing theories and doctrines, with practical and jurisprudential analysis on the issue. And the author try to make an initial study on the qualification, the jurisdiction and the applicable law of the disputes of concurrence of contractual liability and tortuous liability on the basis of the theory of private international law.