The Inquisition Of Ghe Good Intention Bestows Favor

Is glad helps the philanthropic undertaking which the human,enjoys doing charitable things is worth advocating.But in reality,Behaviors of the many philanthropic undertaking were actually contrary to what expects bring many disputes, the matter which the good intention was more of a hindrance than a help have occurred repeatedly. Because the good intentions original intention neglects, instead gave other people and has brought troublesome, the litigant went to court, this time, the bilateral friendship intention carried on the melt already appears regarding this lacks the ability to do what one would like. The good intention bestows favor the behavior to have what kind of nature? The good intention bestows favor in the relations the both parties to have what kind of rights and obligations? From this produces how should the harm responsibility limit? This is suspends at the front is realistic, and is urgently needed the question which solves. Therefore, the law at the right moment involved without doubt appears is essential.But the holoscopic entire academic circle, bestows favor the behavior regarding this kind of good intention the research, only sees here and there in German and in Taiwan's fragmentary scholar's legal monograph, not yet sees forms system's theory discussion. Germany's civil law educational world starts in this aspect early. And representative personage representative personage Mei Kusi in its monograph "German Civil law General remarks" this behavior called that it"the friendship behavior", and the contact relations which causes from the behavior is called"the friendship relations". He mainly qualitative has made the massive legal principle theory of law analysis to this kind of behavior's law. But German legal precedent principle, in confirmation friendship behavior whether to have the legal obligations in the process to develop a set"the regulated standard"to attempt to it makes the objective limits. In Taiwan, the civil law educational world mainly has Wang Zejian on behalf of the scholar and yellow stands. Two scholars in the good intention bestows favor the relations on qualitative with the German civil law educational world viewpoint basic consistent, above its research main stress in the good intention bestows favor the dispute which the behavior causes to solve. In addition, Taiwan civil law educational world bestows favor relational regarding the good intention the dispute to process take Taiwan civil law 184 as the main basis. But in China, the more rarely seen related civil law teaching material and the scholar makes in the related writing to this kind of question to elaborate, theoretically is deficient, in the practice also does not have the legal precedent to be possible to supply to use for reference.Therefore, the author chooses"the good intention to bestow favor"the thesis, utilizes the limited resources to conduct research and the discussion in one's power to it, attempts in the theorists to this kind of question limited academic viewpoint, summarizes induces own mentality, bestows favor the relations and the behavior to the good intention gives in the legal stratification plane a reasonable localization.This article first elaborated the good intention to bestow favor the existence the legal principle theory of law rationale, explained that this social stratification plane the friendship behavior entered significance of the legal field of vision what. Mainly using the historical analysis's method, carries on the summary to German and Taiwan's scholar's research condition, meanwhile has used the comparison research technique, key bestows favor the good intention with the legal act, the fact behavior as well as the uncompensated contract relations carries on the quite detailed discrimination, the explicit good intention bestows favor the behavior and the relational nature and the characteristic. Then draws out limits of standard which as well as by bestows favor the dispute which the behavior fulfillment the subjective and objective the good intention bestows favor causes to carry on the systematic elaboration, and proposed that own opinion, process the rule by the time atonement in the legal practice the blank.Certainly, limits author's individual ability and the specialized knowledge, this article the research which bestows favor to the good intention still had many deficiencies, waits for consummating. The author hoped that this article can achieve the effect which offers a few ordinary introductory remarks so that others may offer their valuable ideas, causes the educational world to bestow favor the behavior and the relational research value to the good intention, causes the good intention to bestow favor this question to be able to obtain further consummation theoretically, the actual dispute's solution provides effective model for the judicial practice in and helps.