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合同与侵权的法律适用历来是国际私法法律适用部分的主体,虽然二者的法律适用原则和理论相互区别并各自独立,但是随着经济的发展和国际民商事交往的日益加强,二者逐渐接近并相互作用,合同与侵权的界线趋于模糊。实践中合同与侵权的关系也经常是一个令实务工作者感到最棘手的问题,其中最典型的是合同与侵权责任竞合时的法律适用的问题。明确合同与侵权法律适用的关系及特点,掌握二者的相互联系与区别,可以更好解决二者责任竞合时的法律适用问题,促进国际民商事争议的更好解决。
The legal application of contract and infringement has always been the main body of the applicable part of private international law. Although both the principles and theories of legal application are distinct from and independent from each other, as the economic development and the international exchanges between civil and commercial affairs are increasingly strengthened, the two are gradually approaching And interact with each other. The boundary between contract and infringement tends to be blurred. In practice, the relationship between contract and infringement is also often the most troublesome question for practitioners. The most typical one is the application of law when the contract competes with tort liability. To clarify the relationship and characteristics between the contract and the law applicable to infringement and to grasp the interrelationship and difference between the two can better solve the problem of the application of law when the two are competing for responsibility and promote a better solution to the international civil and commercial disputes.