2006•Unpublished venueRequires access

Tort Law:Separates from Obligation Law or Not?

Liao Huan-guo

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Abstract

Tort is one of reasons leading to obligations and the law of torts is part of law of obligations.The concept of obligation comes from delictum,not from contract.The essence of obligation is liability, and the obligation's content is obligation,there is no difference between them in nature.Compensation for the damage is the mainly way to bear the liability. So,the legislative argumentation that the torts law can separate from obligations law and establish the civil liability by itself is not acceptable.

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What this paper is about

Tort is one of reasons leading to obligations and the law of torts is part of law of obligations.The concept of obligation comes from delictum,not from contract.The essence of obligation is liability, and the obligation's content is obligation,there is no difference between them in nature.Compensation for the damage is the mainly way to bear the liability. So,the legislative argumentation that the torts law can separate from obligations law and establish the civil liability by itself is not acceptable.

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Available abstract

Tort is one of reasons leading to obligations and the law of torts is part of law of obligations.The concept of obligation comes from delictum,not from contract.The essence of obligation is liability, and the obligation's content is obligation,there is no difference between them in nature.Compensation for the damage is the mainly way to bear the liability. So,the legislative argumentation that the torts law can separate from obligations law and establish the civil liability by itself is not acceptable.

Key concepts: Obligation, Tort, Law, Delict, Strict liability, Liability, Legal liability, Political science

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