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

Abstract

AbstractThrough a specific examination of typical intermediate field, we find that although different intermediate field differ in factual form, they still show consistency in legal regulation, i.e., they all need to deal with the legal remedy or civil liability happened when a breach of obligation by one party causes damage to the rights and interests of the opposite party. Since the form of rights and interests involved in the intermediate field reflects the overlapping relationship between the protection object of contract law and that of the tort law, the legal regulation in the intermediate field shows some characteristics and needs a factual qualitative regulation mode beyond tradition—that is, whether the matter to be regulated is contract or tort must be determined prior to the selection of the relevant regulatory rules.