Contractual Obligations Expansion And The Reasons For Analysis

This paper mainly discusses the expansion of the contractual liability, on theground of the classifying of the contractual liability and the tort liability. From thelater stage of the 20th century, the traditional classification between the contractualliability and the tort liability did not fit the need of the practice any more. There beganto be some middle area between the contractual liability and the tort liability, whichmight cause the overlapping of the contractual liability and the tort liability;or whenit happens, there is no liability can be used in the situation. So many legists and judgesstart to question the traditional classification of the civil liability. In this circumstance,the contractual liability began to expand. The objective of this paper is to discuss thereasons of the expansion of the contractual liability, and to find the common groundbetween the contractual liability and the tort liability. And based on this, I want toreconstruct the system of the civil liability in our country.Four parts are included in this paper.Part one is the summarization of the contractual liability's expansion. It mainlyintroduces the traditional classification between the contractual liability and the tortliability, and introduces the expansion of the contractual liability. The papersummarizes the representations of the expanding of the contractual liability into threecategories: expanding in the subject, the time when the liability happens, and theremedies. Part two discusses in theory the reason of the contractual liability expansion.I put it in three ways: the decline of the privacy of contract, the development of goodfaith, and the theory of reliance interest. In part three, after analyzing the traditionalclassification between the contractual liability and the tort liability, I try to find thecommon ground between these two liabilities. And on this ground, I want to build thegeneral civil liability, and to give some advice to the development of our civil liabilitysystem. The last but not the least part is the conclusion of the whole paper. Theexpanding of the contractual liability came into being in practice. After its appearance,there came to be theories to explain it. However, the development in theory haspromoted the expanding of the contractual liability. Meanwhile, the contractualliability expansion reflects to a degree that the contractual liability and the tortliability can affect each other and permeate through each other.