Discusses The Friendship Behavior

Acts of German civil law first proposed the concept of friendship, friendship is an act aimed at promoting friendship behavior. Under normal circumstances, feelings of moral behavior is only the scope is not bound by the force of law. However, in our daily life, friendship behavior because of conflicts caused by disputes have occurred, the current theory and practice for the conduct of a comprehensive system of friendship is not much, only dozens of articles made for some of the surface of the problem level research. China's civil law legal system nor to define the nature of friendship behaviors and norms. The theoretical study the need for legislation and scholars, need to practice theory test. Delay often results in the theory behind the legislation, this passivity to the relevant judicial settlement of disputes has led to great difficulties.Research article is the essence of lessons on the basis of previoustheory, for the friendship behavior and legal problems for a comprehensive analysis and discussion and strive for the feelingsrelated to the settlement of disputes caused by the action to provide theoretical guidance to China's Civil Code System morerobust, and promote justice in the times.Articles from four parts:The first part introduces the concept of behavior and characteristics of friendship in this section, various studiescomparing different definitions for acts of friendship, and friendshipexpressed as the final act:the parties to promote personal friendships or based on good morals and the lack of intention to implement The social dimension of behavior.The second part will be divided into acts of friendship did not enter the legal field behavior and the behavior of entry into the legal field of vision of friendship, the two distinguishing criterion is whether there is need for legal regulation. Into the legal field, especially through acts of friendship were legal acts, facts compared to further investigate the behavior of the nature of friendship behavior. Among them, the major common law with the "intention of parties, " meaning that analyzed the effect of the essential characteristics of this legal act, come into the legal field behavior is not a legal act of friendship, but the fact that the conclusions of conduct and behavior of this fact and there is no difference and for management, for the third part discusses the need for legal regulation of behavior and conditions of friendship laid the foundation.The third part of the theory based on the aforementioned study on the need for legal regulation of behavior and conditions of friendship. Among them, the friendship into the legal field behavior in practice is the identification of the premise are discussed below. In this regard, the author of several typical case of German civil law of the subjective and objective analysis to determine the rules and then combined with several typical Anglo-American common law jurisprudence on the subjective and objective analysis to determine the rules. Finally, the conclusion on the comparison of two legal systems-should be based on objective criteria, subjective criteria, supplemented by a combination of both judge rules. Then based on civil law principles of equity and the principle of public order and good morals and habits into account transactions, the legal existence of the need to adjust the behavior of certain feelings into law, vision, and the legal regulation of the conditions of such friendship is the necessary act of compliance with the duty of care violations.The last part, summed up the feelings of conduct for the legal responsibilities, the settlement of related disputes, provides a theoretical basis. This section analyzes the behavior of entry into the legal field of vision of friendship damages arising. Specific responsibility principle of general tort, Components, and exemptions in such acts of friendship. Finally, specific examples in the article acts of friendship to bring the legal responsibility to undertake an overall analysis.Because of the lack of knowledge and ability, the article for the feelings of professional behavior of the theory not reach the depth of his conclusions is one of the words, to be improved. Hope this article the effect of better ideas, theory and practice caused enough attention, and the improvement of relevant laws to provide practical recommendations for the judicial practice to provide more information and assistance.