Friendship Behavior Research

The Law is the outcome of social practice, so it should reflect social life. "Gef(?)lligkeiten" is exactly the ingenious theory that German jurists have found in rigid German civil law system, which is inseparably linked with real life and which is the very reflection of social life. As to "Gef(?)lligkeiten", there are few related studies at present in China. However, there are many disputes about "Gef(?)lligkeiten". Because there is scant of theory study and the judicial procedure is passive, it is difficult to resolve these disputes. Therefore, it is necessary to make further research on "Gef(?)lligkeiten" in order to provide theory for judicial practice.There are six parts that expatiate on the theory of "Gef(?)lligkeiten":Part one is bringing forward the problem of "Gef(?)lligkeiten". The writer explicates on meanings and contents of "Gef(?)lligkeiten" through analyzing the intrinsic characteristics and the category of "Gef(?)lligkeiten". At last, the writer brings forward that the theory still has many problems and points out the necessity for further study.Part two analyzes the legal act including friendly feelings factor. The writer explicates on three typical contracts --donation contract, gratuitous consignment contract and gratuitous passenger transport service contract. The comparison them and "Gediegen Gef(?)lligkeiten" makes clear the intrinsic difference between them, thus responding to the necessity of the broad and narrow dividing with "Gef(?)lligkeiten" in Part one.Part three makes an analysis of "Gediegen Gef(?)lligkeiten". The writer makes comments on two problems. Firstly, the writer draws up the concept of the "Gediegen Gef(?)lligkeiten" from a large amount of examples in real life. Secondly, the writer analyzes the character of the "Gediegen Gef(?)lligkeiten", which is also unode of the part. The writer has brought forward two questions- "Is the 'Gediegen Gef(?)lligkeiten' a legal act?" and "Is the 'Gediegen Gef(?)lligkeiten' a factual act?", analyzes the concepts and characteristics of legal act and factual act. In the part, the writer mainly analyzes the intrinsic characteristics of the "expression of intention" of the civil law family connecting the "intent to create legal relations" of the common law. At last, the conclusion is that the "Gediegen Gef(?)lligkeiten" is neither a legal act nor a factual act, which is independent from legal world.Part four discusses upon the "Fraglich Gef(?)lligkeiten". In this part, the writer mainly makes the detailed elaboration of the judgment rules that judge the "Fraglich Gef(?)lligkeiten" belongs to the legal act or "Gediegen Gef(?)lligkeiten" in the concrete cases. In this article, the writer first unifies German several typical legal precedents to carry on the analysis to subjective and objective judgment rules of the civil law family. Then writer unifies several typical legal precedents of the common law to make an analysis to subjective and objective judgment rules of the common law. Finally, the writer draws the conclusion-we should take the subjective standard primarily objective standard as auxiliary.Part five discusses the damage compensate responsibility for "Gef(?)lligkeiten". In this part, the writer mainly makes an assay of the damage compensate responsibility for the "Engerer Gef(?)lligkeiten". The writer first analyzes the foundation in request right of the "Engerer Gef(?)lligkeiten" from the foundation in request right of the tort and the foundation in request right of the breach of contract and obtains the conclusion that the foundation in request right of the "Engerer Gef(?)lligkeiten" is only the request right of tort. Under this premise, the writer discuses that the damage compensate responsibility for the "Engerer Gef(?)lligkeiten" can be excluded in which situations from the presumptive exclusion and legal exclusion two aspects .At last, the writer analyzes the reason why the damage compensate responsibility for "Engerer Gef(?)lligkeiten" should be relieved.Part six explains the value and status of "Gef(?)lligkeiten" in the future civil law family. As the thesis is approaching its end, in this part, the writer has carried on the forecast to the value and the status of "Gef(?)lligkeiten" in the future civil law and points out that "Gef(?)lligkeiten" should be reflected in the future civil law.Through the above elaboration, this article constructs an logical integrity "Gef(?)lligkeiten" system from the classification of "Gef(?)lligkeiten" to the nature of "Gef(?)lligkeiten" to the damage compensate responsibility of "Gef(?)lligkeiten". Among them, there are pure theory discussions of "Gef(?)lligkeiten" and those on how to apply the "Gef(?)lligkeiten" theory in reality. Certainly, because writer's ability and knowledge are limited, there are still many defects. ButⅠstill hope this article can serve as a modest spur so that some others will be induced to come forward with some valuable ideas and contributions, as well as provide more help through effort for theoretically consummation and the practice utilization of "Gef(?)lligkeiten".