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Dialysis from the Case, Liability for Breach of Competing with the Tort Liability

Author: JiangShiPing
Tutor: JiaDengXun
School: Lanzhou University
Course: Legal
Keywords: Liability Concurrence Breach Tort Liability Contract Law
CLC: D923
Type: Master's thesis
Year: 2010
Downloads: 204
Quote: 0
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Abstract


Breach of contract and tort liability are two basic types of modern civil law civil liability , China's \regulations. As the complexity of civil relations , civil offense multiplicity of nature , which in practice will inevitably happen often these two competing phenomena responsibility . As in breach of contract and tort law , there are big differences, so these two types of responsibility of the different options will greatly affect the rights and obligations of the parties . In other words, according to the complaint breach of contract law filed or filed by tort law tort , will produce entirely different legal consequences. This article will attempt to a more typical case as the starting point , the use of comparative studies, theoretical analysis and case empirical methods , the characteristics of the two types of competing responsibilities , causes, related theories and processing mode , the system defects and improve vision , etc. respect for the more in-depth exposition and analysis. First clear responsibilities at home and abroad competing on two main features , causes, and treatment of underlying theory of the more prevailing view mode , and then combined with China's legislative and judicial actual situation , analyze competing responsibilities major drawback system , on the basis make a few points on the legislative and judicial suggestions for improvement .

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CLC: > Political, legal > Legal > Chinese law > China and France
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