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Study Of Liability For Breach And Tort Liability Concurrence

Posted on:2014-01-23Degree:MasterType:Thesis
Country:ChinaCandidate:T WangFull Text:PDF
Abstract/Summary:PDF Full Text Request
The concurrence of breach liabilities and tort liability has become a controversial issue in our nation since years ago. The concurrence of tort liability and liability for breach of contract, refers to an illegal behavior of the implementation of human behavior, double characteristic with noncompliance and tort, which leads to the liability for breach of contract and tort liability jointly produced in law. contract law has made the explicit stipulation of the concurrence of liability issues, make our country the legal basis of liability concurrence. The provisions of the concurrence of liability of contract law is too general, resulting in difficulty understanding, affecting the practice effect. The prominent problem is the right to freedom of choice and the scope of compensation issues,"tort liability law" promulgated, had a great impact on the concurrence of liability issues, and solve the problem of the scope of compensation played a certain positive role. But the tort liability law into the contract law field, which causes some new coincidence problem.On the concurrence of liability, civil law and common law of many countries are trying to explore different theory and practice. France on the concurrence of theory is the concurrence of articles of law, advocate the contract law priority in tort law applicable; used in practice is forbidden concurrence model. This approach has the advantage that the efficiency is high, the disadvantage is that is not conducive to the full protection of the parties. The German theory of liability concurrence is abundant, representative of the concurrence of rights of claim and claim norm concurrence. Competing models prone to choose the right abuse problem and the parties can not obtain sufficient remedy problems. In the Anglo-American legal system is the concurrence of liability as a cause of concurrence, allowing the parties in a certain range of cause of action selection, corresponding to the limitation of competing model. But with the rapid development of the contract law and tort law, the relation between contract law and tort law countries are in constant adjustment, the classification and the static pattern has been broken. China’s attitude to the concurrence of liability, experienced the change from the forbidden concurrence to allow concurrence. At present, our country is a positive attitude to the concurrence of liability, adopts the competing model. Gives the parties the right to freedom of choice, but not the necessary restrictions on the right to choose, which leads to the problems of the right of choice. Because of contract law and tort law in dealing with the problem is not the same, and some specific provisions of Tort Liability Act into the contract law field.Therefore, the "contract law" and "the relationship between the tort liability law" needs to be clarified. The concurrence of liability for example in injuring performance and other special occasions may be not completely remedy human rights issues.In the paper, several solutions to the problem are discussed, and on this basis in specific areas of application and mode.
Keywords/Search Tags:The concurrence of liability, The concurrence of right of claim, concurrence of articles of law
PDF Full Text Request
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