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Modes of Regulation in the Intermediate Field Between Contract Law and Tort Law - A Chinese Law Perspective (Hardcover, 1st ed. 2023)
Loot Price: R5,138
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Modes of Regulation in the Intermediate Field Between Contract Law and Tort Law - A Chinese Law Perspective (Hardcover, 1st ed. 2023)
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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.
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