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Favor Legal Issues

Posted on:2012-10-13Degree:MasterType:Thesis
Country:ChinaCandidate:G Z NaFull Text:PDF
GTID:2216330368994373Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Scholars'study on the good intention to bestow favor is not many, and has dispute on its understanding. for instance, some thinks the good intention to bestow favor is legal act, some thinks it is act of fact, and some thinks it is not wholly civil legal act. But most people think that the good intention to bestow favor is extrajudicial act not subject to the legal regulation, or "social dimensions act". Practice disputes raised by the good intention to bestow favor continuously emerge. So we need to do more in-depth legal research on the good intention to bestow favor in order to resolve the dispute triggered by it and provide a theoretical basis.This article firstly analyzes several academic concepts on the good intention to bestow for determining the studying scope of it. Then this article analyzes the nature of the good intention to bestow favor, while detailed analyzes the distinction standard between the good intention and granting contract. Finally, I discuss several legal issues triggered by the dispute of the good intention to bestow favor. such as the issue of "claiming rights" ; the issue of the interests generated by the trust and "pure economic loss" ; the issue of liability relief on tort. I give the general rules for resolving dispute generated by the god intention to bestow favor, that is the interests protecting rules generated by trust and the tort liability rules.
Keywords/Search Tags:kindness patronizing, friendship behavior, free contract
PDF Full Text Request
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