On Favor Act

Chinese Nation has the reputation of"the nation of etiquette, the nation of mercifulness and loyalty". Charity and willingness of helping others are highly praised by the people. Thus, in the daily life, it is an ordinary favor act of paying dinners for friends, free ride, and etc. To some extent, it is only for emotion exchanges among friends when most of people doing these, but not consider any connections with law. In addition, the existing law does not cover all the issues on the complicated and sensitive friendship and relations in families. However, sometimes life is dramatic; the original good idea may bring trouble in the end to others and yourself. If often happen that good intention causes the negative impact and legal disputes. The Judge always feels confused when facing the problem that how to definite these behavior. Is it belongs to Behavior Contract or infringement? If it is defined as infringement, whether the friendly intention of behavior party can be one of the factors to reduce his responsibility?However, while face to bunch of doubts, experts from academia and judiciary do not have clear answers. There is no systemic mature theory in academia on the favor act. We can only find fragmentary information from some books wrote by the authors from Germany and Taiwan District, China. In judiciary, different countries have different understanding of factor act, and sometimes make different judgment for the similar cases. With the highly awareness for the rights, the disputes in the favor act relations expose more frequently. How to find a solution for the largely existing or potential existing disputes from the aspect of law will be practically significance. Thus, the author selects favor act as the thesis for the graduation dissertation and hopes that with the basis of limited existing research in the academia, the author can generalize his arguments, get a reasonable position on the aspects of law for the favor act and finally give some reference to the judicial practices.The article is organized by four parts. Firstly, from the aspect of the concept and classification of the favor act, the author analyzes favor act with the legal action and fact behavior with the comparative analysis, which can make an conclusion that favor act has its unique legal characteristic and belongs to social act. Besides, the author makes a comparison with the favor act and these practically similar acts like Gratuitous contract, negotiorum gestio, bantering behavior, act bravely for a just cause and etc to definitude its characteristics so as to discuss how to definite a concrete favor act and bear the loss when it brings the disputes. Due to the limited material, data and personal know-how, the analysis in the article may not be that in depth, and some arguments are not mature enough, but the author hopes this dissertation can help to attract the attention of theorists and practitioners on the research of favor act both of theorists and practitioner.