The Concurrent and Competition Relationship between Contract Liability and Tort Liability

• Main Authors: Liu Yi-Chien, 劉亦茜
• Other Authors: Jeng,Gung-Yeu Ph.D
• Format: Others
• Language: zh-TW
• Published: 2018
• Online Access: http://ndltd.ncl.edu.tw/handle/ks74h9

碩士 === 中國文化大學 === 法律學系碩士在職專班 === 106 === The coopetition of liability for breach of contract and liability for infringement refers to the fact that an illegal act committed by an actor has the responsibility for breach of contract and infringement, thereby resulting in a breach of contractual liability and tort liability in the legal effect. The co-opetition theory refers to the fact that when a case has a majority of claims at the same time, in practice, the situation of liability co-occurrence is more and more frequent, the complexity is also relatively increased, and the liability co-existence is used to solve various co-existing claims and how to properly apply to satisfy the rights and interests of the parties. In this article, the history and development of liability concurrence theory, type and content, legislative examples, nature and pattern of each country, and Chinese laws and regulations are set up to analyze and sort out the chapters. And on the basis of the concept, it analyzes the characteristics and causes of the liability for breach of contract and tort liability. The degree of complexity has also increased relatively. Liability arbitrage has been applied to solve various co-existing claims and how to apply them correctly to satisfy the rights and interests of the parties. The parties use of the claims, the object of litigation, and the statement of litigation indicate the scope of the lawsuit, and the legal relationship of the subject matter of the litigation in the substantive law is the plaintiff’s position of receiving payment (the litigation payment) or forming the status (the litigation of the litigation). Right is only a litigation attack defense method. The basis of the right of claim chosen by the parties will directly affect the outcome of the final specific case. Therefore, when constructing a competing theory or requesting right, it is necessary to consider the impact of the civil legal liability itself on the conditional constraints, recklessness or dissociation effectiveness.