From The Practice See Responsibility Of Breach Of Contract And Tort Liability Competition

Degree thesis is to apply for doctor’s or master’s degree and write academic papers, is evaluation degree the applicant academic level of important basis and necessary conditions to earn a degree is one of the important literature material and social precious wealthThrough the Great Wall fruit juice beverage co., LTD., v. ripeness Courier company requirements shall be borne by mail produced delay of extended warehouse charges for matters concerned of the case elicit what is responsibility of breach of contract and tort liability competition; Tort liability and liability for breach of contract of three competition theory, namely the issues said, claim standard competition, competition law, And Taiwan scholars history is still wide MeiZhongXie sir, sir, ZhengYuBo sir, WangBoQi sir, some scholars in the mainland of professor wang liming, YangLiXin professor for responsibility of breach of contract and tort liability concurrence discussed the related, and then puts forward:in the final analysis, the cause of the competition is the responsibility of breach of contract when the contract is not enough to make up for the loss of the parties, to consider a tort liability shall be investigated for injures to, so that the interests of victims get compensation. Brief introduction of countries responsibility of breach of contract and tort liability concurrence of legislation and case regulation, to the continental law system with the French and German law is different, the common law for the processing of competition rules are introduced, and our country to responsibility of breach of contract and tort liability of the provisions of the competition and a brief analysis, proposes the practice case competition two important problems:responsibility of breach of contract and tort liability concurrence case to determine the cause of action, liability concurrence case jurisdiction problem. In determining the cause of action, and puts forward the cause of action is used to contain the civil case entity legal relationship and legal relationship, the expression way should be "legal relation nature+dispute" point of view; The jurisdiction of liability concurrence dispute the reason analysis, and put forward the general principles of the jurisdiction for:the parties prosecution of v. for curing case jurisdiction, namely default lawsuit, from where the defendant has his domicile or place of contract performance under the jurisdiction of the court; Tort lawsuit, the infringement or the jurisdiction of the people’s court where the defendant has his domicile. The parties before the hearings because of the change of lawsuit, through the judicial explanation or guidance case way to determine the application of general principle, clear a unified scale point of view.