On Favor-relation

Although gefalligkeitsvehaltnis being brand-new, we frequently see the conditions being initiated by a dispute which aims at enhancing friendly feelings. Gefalligkeitssvehaltnis is also associated with what society encourages being generous in giving help. This kind of behavior is belonged to the morality category, but not adjusted by the law under behavior in regular state. A favor relation is one which intended in good deed originally, it also gives rise to many disputes, attracts lawsuits, no one would like to see this. However, it happened, it derives from daily life. So, how to deal with the relationship between the parties? What duty should the party to pay attention? How to protect the benefit of the interested party rationally? All of these are very real , this kind of phenomenon does not admit ignoring , it has practical significance to its investigation and discussion. However, this topic of conversation does not draw enough attention in the law realm, there aren't thorough studies on the nature of it. In our country, Taiwan scholar Mr. Wang Zejian translates this into "good intention favor relation ", Mr. Huang Li translates into "favor relation ", two scholars do not give gefalligkeitsvehaltnis a definite explanation. With respect to its gratuitous nature and good purpose, certain peculiar rules should be applied when dealing with the very kind of dispute. In the rigid civil law system, be inseparably linked with the actual life but exquisite system of frame enter. The main target of this paper lies in displaying a pure impression of gefallikeitsvehaltnis, the author will show what kind of behavior is gefallikeitsvehaltnis, and how to handle this kind of dispute fairly, expecting to benefit the theoretical study and practice.To know gefallikeitsvehaltnis well, we have to collect essential points from abroad to the homeland , from logic speculate to value analysis , from connotation to extension , from character to characteristic. Dispute is to be another problem, it differentiates from gefallikeitsvehaltnis itself. When bringing about a dispute , leading to damages, it is involved in the law realm. Based on the analysis of gefallikeitsvehaltnis, the author puts the amphsis on the compensation for damages' problem.Being the Chinese traditional virtue, gefallikeitsvehaltnis ought to be developed energetically. It has embodied good intention beyond doubt following the mutual penetration with morality , has perfected follow the code of ethics being to be running through morality spirit , urging some at the same time by legislation sum judiciary additionally. Appling the law means building socialism morality , appears especially outstanding and important under the market economy condition. The hard and fast rules with law guides a citizen to compose out and the good and evil that socialist market economy adapts to each other acts be more effective than the morality aphorism many. Social develop, morality develop , the law definitely cannot lag, the public should learn to accept the rule by law price.