Geffalligkeiten In Civil Law

As long as the interaction between people is a little attention, you will find the disputescaused by the following behavior: take the dispute free of charge, with good intentions to helpneighbors has led to other injuries caused by the dispute, to buy the lottery the dispute, afriend promised to treat but go back to trigger disputes and so on. Below will be more of theseacts, the author called Geffalligkeiten.The first part of this article, Geffalligkeiten focuses on the Geffalligkeiten at home andabroad. Other countries, Germany and Britain and The United States adopt subjective criteriaand objective criteria to define the behavior. Be identified by subjective and objectivestandard for analysis of foreign Geffalligkeiten. Obtained through the analysis of thesubjective standard of behavior identified: the parties free of charge for the ride, on behalf ofthe buying behavior of lottery tickets, if the actor has had the intention to be legally bound,while the pursuit of legal consequences, then the behavior of legal acts, rather thanGeffalligkeiten. If the perpetrator is free of charge for the ride, buy lottery tickets and otheracts without the inner meaning of that on their behalf, bound by law to mean, then thisbehavior can only be identified as the Geffalligkeiten, rather than a legal act. The objectivestandards emphasize from the specific circumstances of the behavior to be identified.Germany finds the behavior of the parties to the importance of compensation, behavioral riskbehavior as objective factors, Britain and other countries through the daily life of theagreement to identify the behavior of location in the Commercial occasions as the objectivefactors. These reference factors also finds that the legal acts and feelings of standards ofbehavior. Identified through the analysis of China’s Geffalligkeiten, obtained the friendshipcan not be included in the legal act can not be won in the fact that behavior.This article discussed in the second part of the Geffalligkeiten cause damage howcompensation is only fair. I believe that the claim on the Geffalligkeiten of the victim’srequest is not based on contract law, can not be identified as a tort claim. I believe that judgesin dealing with the damage caused by the Geffalligkeiten, the victim’s claim by analogy, applyto the general tort claims, is a way to mitigate the feelings of actors responsibility is mainlybased on the concept of fairness and justice judgments, so that the victim The loss of effectiverelief. If the friendship actor has subjective fault, friendship actors to make the appropriatecompensation is desirable. But finds that Geffalligkeiten constitute infringement, it could leadto the behavior of people no longer dare to helpful actions, which would lead to the alienation of human relations. Derived through analysis of the imputation principle, friendship actorsNA no-fault liability principle, the principle of equitable responsibility, the principle of faultliability is the most reasonable.The third part of this paper is to build Geffalligkeiten in civil law to makerecommendations.Confirming the Geffalligkeiten system is importance. The author believesthat with the progress of human society, the economy continues to develop the relationshipbetween people increasingly close Geffalligkeiten causing damage disputes in their daily livesis becoming increasingly common. In civil law should be legislation to facilitate guidingpractice. Geffalligkeiten is a special act, the responsibility of the feelings of the perpetrator’sidentified based on tort liability that it is the unreasonable. Therefore, it is necessary toestablish Geffalligkeiten system, so as to balance the interests of both parties. Secondly, theobligation of clear acts of friendship. An act of duty of care law has been expressly request, orindustry-specific provisions, then the duty of care of the feelings of the actors in theimplementation of the Geffalligkeiten to achieve the requirements of the law or the Articles ofAssociation. Geffalligkeiten are not doing the duty of care constitutes gross negligence, thefeelings of the perpetrator of the general personal and property damage caused tocompensation. Duty of care there is no legal or industry to be provided, the feelings of theperpetrator due to the duty of care on the daily life. The duty of care on the daily life of thepeople to do something in life should be noted that in order to avoid harmful consequences.The feelings of the perpetrator has not tried to duty of care in daily life, constitutes a lightfault, liable to cause significant personal or property damage. Thirdly, to reduce the damageresponsibility that Geffalligkeiten caused. Can be drawn from the analysis on the notion ofjustice, Geffalligkeiten of tort liability is a fair reduction concept. Judges should be allowed tomake fair judicial decisions in the judicial practice in accordance with his understanding ofthe fair connotation. Only in this way to make Geffalligkeiten tort liability relief to have auniversal basis, in order to have disputes to make a fair judgment. The fourth, the feelings ofthe perpetrator may agree to absolve themselves of responsibility, and agreed to waive thesubject matter of willingly adventure. Geffalligkeiten can also be force majeure, such as theemergency legal impunity Subject advocate Disclaimer. Finally, according to the view of mostcivil law scholars, Geffalligkeiten causing damages range for direct loss does not includeindirect losses.