The Duty Of Protection Under The Contract-tort System

The duty of protection refers to obligations under the contract, having a relatively independent statue and intending to protect the inherent interests of the relative. The duty of protection was born in in the Law on Judges, and is based on the principle of impartiality, aimed at providing remedies for vulnerability existing in the legislation of tort law and the inherent drawback in the division of contract- tort system. The duty of protection bases from the basic spirit of do no harm to others and principle of good faith, belongs to contract law system. But protecting legal interest that traditional under tort law by resorting to rules of contract law has caused further overlap and confusion in contract-tort system. As a result, the duty of protection as part of contract law system and safety-guard duty, part of tort law system, although have quite a lot of differences in specific system design, but considerable overlap in the nature and content of the interests they protect. In addition,trends of modern legal concepts also requires more complementary and interactive between contract and tort system for the benefits brought by this coincidence.Meanwhile, the stability of legal appeal for facilitating the changes with possibility minor changes under the existing system. Establishing a reasonable concurrence system surrounding the relationship between duty of protection and safety-guard duty may provide one of the important circles.