论英美法系侵权与合同之区分

Differences between Tort and Contract in Common Law System

在英美法系,自从1832年废除了诉讼形式以后,侵权与合同的区分就具有了重要的意义。而且,由于英美侵权法与合同法处在不断发展变化之中,两种制度调整的领域并不十分清晰。本文从侵权与合同的本质出发,从行为的性质、义务的性质、所保护的利益三个方面阐述了英美法系对侵权与合同的区分,研究表明,英美法系侵权与合同的边界是十分模糊的。

The distinction between tort and contract has been of great significance in common law system since the abolition of different forms of litigation in 1832. On the other hand, since the tort law and contract law in the common law system are in constant changes, the distinction between the areas regulated by the two laws is not always clear-cut. Taking the essence of tort and contract as the starting point, the article introduces the distinctions between tort and contract in the common law system from the following three aspects： the nature of acts, the nature of obligations, and the protected interests.