Modes of Regulation in the Intermediate Field Between Contract Law and Tort Law: A Chinese Law Perspective

ISBN-13: 9789811991066 / Angielski / Twarda / 2023 / 559 str.

Jiayong Zhang

Spis treści

Formation of the Intermediate field Between Contract Law and Tort Law.

Legal Regulation in Pre-contractual Stage.

Legal Regulation in the Intermediate field During  the  Performance of Contract. 

Legal Regulation of Act of Courtesy.

Systematization of Legal Regulation in the Intermediate field Between Contract Law and Tort Law.

O autorze

Jiayong Zhang , Ph.D. in  Law, Professor of Law School, Zhongnan University of Economics and Law(ZUEL), doctoral supervisor, vice president of China Case Law Research Institute, executive director of China Civil Law Research Institute, director of Zhongnan Judicial Case Research Center, and arbitrator of Chengdu Arbitration Commission and Wuhan Arbitration Commission.

His research interests include general theory of civil law, property law, contract law, tort law, and comparative law.  He has published more than 40 academic papers in Social Science in China, Chinese Journal of Law, China Legal Science, Peking University Law Journal, The Jurist, and Law Science, etc. He has published nearly 10 books in Law Press and Peking University Press, including On Institutional Structure of Contract for the Benefit of Third Party (monograph), Research on Modes of Regulation in the Intermediate field Between Contract Law and Tort Law (monograph), Contract Law (co-author) and so on. 

He has translated from English to Chinese The Philosophical Origins of Modern Contract Doctrine, Foundations of Private Law: Property, Tort, Contracts, Unjust Enrichment, and Unification of European Tort Law: Wrongfulness. He has, among others, presided over a general project of the National Social Science Fund, a sub-project of the major project of the National Social Science Fund, a project of the Ministry of Education. In 2018, he was awarded the first prize of Hubei Social Sciences Excellent Achievement. 

Blurb

This book, through empirical case studies, reconstructs the principles of legal regulation in the intermediate field, thereby facilitating the understanding of the functional distinction between contract law and tort law. The intermediate field with fuzzy borderlines between contract law and tort law emerges as their regulatory functions have expanded. It takes two forms, namely the fuzzy and overlapping field. The institutional reason for the emergence lies in their overlapping functions. From a comparative perspective, this book contends that civil liability, as a normative remedy for rights and interests, should be separated from general law of obligations to construct a uniform norm of liability. In the case of diversified liability forms, a uniform system of civil liability should be constructed with the consequence model based on liability integration. As such, it contributes to restoring the functional foundations of liability that have been alienated, avoiding the intermediate field, and achieving integrated effects and uniform liability. Unlike the traditional research which focuses on the concurrent liabilities of contract and tort law, this book is the first to examine and propose the systemization of regulation in the intermediate field between contract law and tort law and hence a theoretical contribution to Chinese civil law and comparative law scholarship. While the Chinese Civil Code is coming into force, the book is conducive to the understanding of the cutting-edge research of Chinese civil law for the international community and provide fruitful materials for exploring both the advantages and drawbacks of the code.