Research On Protection Of Inherent Interests-Review And Remodeling Of Concurrence Of Contract-tort Norms

The collateral obligation in the contract law plays a vital role in protecting the inherent interest of the party,which also belongs to the category of legal interest protected by the tort law,resulting in the overlapping of the adjustment scope of the contract law and the adjustment scope of the tort law on the normative level.The collateral obligation in the contract law and the security obligation in the tort law,although are the same protective obligation aiming at protecting the inherent interest of the party in the private law system and are in different legal fields,have only formal differences with the same nature of the obligation,which leads to the concurrence of normative meaning.This paper took this kind of concurrence of specification really as the concurrence of claims,but there has also been problems in the mode to solve by taking one to perform in China.Although it entitles the parties to choose,it actually hinders the realization of the principle of injury filling and the relief of the victims,and damages the fairness of judicial judgment.Therefore,this paper suggested that we should extend the scope of damages for breach of contract to include non-property damages in the interpretation,so that it can ensure that the legal relief has the same effect,and we should also strengthen the active interpretation requirement of the judge.This paper is divided into five parts,among which:The first chapter is the introduction.The author mainly discusses the background of this paper,points out the research significance and value of this paper,and combs the current academic circle's opinions about the relationship between the contract protection obligation and the security obligation,the concurrence of the liability for breach of contract and the liability for tort,etc.,which provides the foundation for the unfolding of this paper.The second chapter is the standard expression of the obligation of contract protection.The author conducts the analysis of the relationship between the collateral obligation and the contract protection obligation.By defining the specific scope of the collateral obligation,the author obtains the specific scope of the contract protection obligation referred to in this paper.The author also clarifies the nature of the contractual protection obligation by referring to the value limit of the contractual protection obligation and its specific position in the contractual obligation group.In the meantime,the history of its emergence and development is combed to provide a historical perspective for the discussion of the problems such as the intersection of contract law and tort law,etc.The third chapter is the normative analysis of security obligations and the comparison with contractual protection obligations.The author discusses the specific concept of securityobligation,which is the obligation of the party in the particularistic ties to protect the personal and property safety of others in their own and responsible fields from the damage.The specific content of security protection obligation is defined and its legal nature is analyzed.Meanwhile,the author combs the differences between the contract protection obligation and the security obligation in the form,and assumes that the so-called differences between the contract protection obligation and the security obligation are only because they are still observed on the premise that the traditional contract law and the tort law are entirely different.In fact,there is no substantive difference between them,and the nature and name of each other are only the technical arrangements.For the sake of proving the their same essence,the author conducts a comparative analysis of their historical basis and legal basis so as to intensify the author's argument.The fourth chapter is the review of the concurrence mode of liability under the breach of contract protection obligation and security obligation.First of all,from the perspective of contract protection obligation and security obligation,this chapter clarifies the premise of concurrence between contract protection obligation and security obligation through typological analysis method.On the basis of the premise,this paper discusses how to deal with the problem of concurrent liability from the perspectives of China,foreign representative countries and theories.The author,once again,analyzes the issue of concurrent benefits between the liability for breach of contract and the liability for tort in the case of breach of protective obligation.Finally,the author reviews the existing problems in the mode of civil liability concurrence in our country.The fifth chapter is the path to rebuild the mode of civil liability concurrence in China.In view of the problems existing in the mode of concurrence in China,this paper discusses the specific countermeasures for its improvement from the two paths of standard adjustment and practical application adjustment.