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.
