On The Co-opetition Of Foreign-related Breach Of Contract Liability And Tort Liability

With the development of the global economy,the coincidence of the liability for breach of contracts and the tortious liability in foreign-related civil and commercial cases is emerging in an endless stream.Therefore,it is not only important to study the issue of liability for breach of contract and tort liability,but also has an important practical role,which will help our parties to guard against and dissolve the legal risks and safeguard their legitimate rights and interests.Based on various theories about coincidence of civil liabilities,this article demonstrates the coincidence of the liability for breach of contracts and the tortious liability in foreign-related cases.This article consists of four chapters.The first chapter discusses the basic theory of the coincidence of the liability for breach of contracts and the tortious liability in foreign-related civil and commercial cases.From a point on the basic theories,reasons and characteristics of breach of contract and tort liability,this chapter mainly introduces the main doctrine and the pros and cons of coincidence of civil liability.The second chapter mainly disserts the characterization of cases of liability for breach of contract and tort liability.By presenting the basic concept and the recognition basis of characterization of foreign liability for breach of contract and tort liability,this chapter also introduces the qualification patterns in the world,and summarizes the relevant recognition system and judicial practice in China.The third chapter deals with the jurisdiction of cases involving foreign liability for breach of contract and tort liability.This chapter analyzes the form of jurisdiction conflict and the relevant solutions of the world in the case of liability and covenant.Finally,it expounds the legislation,judicial practice and existing problems of China's jurisdiction on such cases.The fourth chapter focuses on the legal application of the case of foreign liability for breach of contract and tort liability.Based on the application of law in international civil liability coexistence,this paper discusses the principle of legal choice and the application of law in international civil liability coexistence.