The Concurrence Of Liability For Breach Of Contract And Tort Liability

The concurrence of liability for breach of contract and tort liability, legal theory and legal practice on the topic for a long time. The key point of contention is that, when the two competing should be how to deal with, can not only realize the reasonable relief party, without the effect of the heavy responsibility of the responsible person. This paper combined with the theory and the legislation of our country, think that should be combing the connotation and extension of contractual liability and tort liability, in order to clarify the theoretical outline of the concurrence of liability. This paper argues that can create a superposition of claim, covers two kinds of damage compensation claim, and analyze the feasibility of the method. Expand the extension of the liability for breach of contract, damages the spirit into the liability for breach of contract within the scope of view has been some scholars, this paper is to should not be included in compensation for moral damage liability for breach of contract positions, and clarifies the reason. The concurrence of liability for breach of contract and tort of the type of analysis and classification, and put forward some methods to solve the concurrence of the liability in the specific case. This paper is divided into five parts, the progressive layers, discusses the problems of the concurrence of liability.The first part, mainly on the liability for breach of contract and tort are summarized, expounds the concept, connotation of civil liability concurrence of liability, liability for breach of contract, tort liability etc.. Responsibility is a traditional problem in the legal system, not only exist in the civil law department, also exist in other department law. The liability for breach of contract and tort liability are greatly different, mainly in the two obligation sources, characteristics, and the applicable legal rules and legal consequences etc..The second part mainly discusses the concurrence of breach liability and tort liability theory of several types, including their development and their respective advantages and disadvantages. There are three main theories, including the concurrence of articles of law, the right of claim and claim norm concurrence, thorough the three theories analysis to the following statements and related system reconstruction.Analysis the typical sample of the responsibility of the typical sample, combined with judicial case to understand the practice of dealing with the way the responsibility of the concurrence.The third part mainly discusses the analysis of liability from the perspective of comparative law, through the comparative analysis of France, Germany, Taiwan and the Anglo American law system and Chinese legislative and judicial mode, clear the different legal position on this issue. The method of comparative analysis method can help us to understand the strengths, lack of understanding of our country, and carry out effective system transplantation.The fourth part mainly lies in the perfection of the liability for breach of contract and tort liability concurrence system in our country and restructuring. Through carding on the liability for breach of contract and tort liability, analysis of the nature of liability, the creation of a superposition of claims, as well as the analysis of negative liability for breach of contract damages and the introduction of the typical pattern are discussed.The fifth part, the main problems facing the recommendations and the tortious liability from the legislative level and judicial level. On the legislative level, reasonable design of litigation documents, the judge had to play, to solve the issue of liability concurrence benefit.