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在很多案子的实际操作过程中,会出现侵权和违约的竞合。此时如何选择案由将会直接影响整个案子的诉讼风险以及案子胜诉后的执行风险。正如本案中所涉及的“产品责任纠纷”和“买卖合同质量纠纷”两个案由,如何取舍才能在销售主体不明确的情况下最大限度的维护原告利益,成为本案起诉时所要考虑的关键。随着诉讼程序的展开,各主体之间的关系逐渐清晰,本案能否适用“产品责任纠纷”提起诉讼,以及相关主体之间的法律责任划分成为本案的焦点问题,而如何理解合同的相对性原理,则是解决各主体间法律责任划分的关键。
In the actual operation of many cases, there will be competition between infringement and breach of contract. At this point how to choose the case will directly affect the litigation risk of the entire case and the successful implementation of the case after the risk. As in the case involved in the two cases of “product liability dispute” and “contract quality dispute”, how to choose to maximize the interests of the plaintiff in the case of the main sales is not clear, to be considered in the prosecution of the case key. With the commencement of the litigation process, the relationship between the parties gradually becomes clear. Whether the case can be applied to the “product liability dispute” and litigation, as well as the division of legal responsibilities among the relevant parties become the focus of the case, and how to understand the contract The principle of relativity is the key to solve the division of legal responsibilities among all the subjects.