Font Size: a A A

A Study On The Protection Of Righteous Behavior In Civil Law

Posted on:2014-07-19Degree:MasterType:Thesis
Country:ChinaCandidate:T LiuFull Text:PDF
GTID:2256330401478136Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Righteous behavior is worth carrying forward the traditional virtues of theChinese nation. But in real life,“righteous behavior” these two words are marked by alot of tragedy. People always carefully consider before standing up, should not onlyconsider their own interests, but also prevent the false things. It`s a strangephenomenon: people have not help the men who is in trouble. Why will appear thiskind of phenomenon? Because of In the righteous behavior, the parties interestscannot be effectively coordinated, the hero of the related interest can’t get effectiveprotection, This article will be analyze the nature of civil law to trying to find andimprove from the perspective of the civil law protection. The article is following fourparts:The first part is legal interpretation and classification. First of all, I will analyzethe basic concept of righteous behavior from three parts including ancient to currentlocal regulations, legislation to the definition given by the scholars. Secondly, I willdefinite of constitutive requirements from the analysis in the aspects of the subject,subjective element, object, objective requirements and emphasize that the goodbehavior should be measured, foolhardy not warm. Thirdly, according the behavior ofthe differences between categories, we can divide righteous behavior into the infringerand without the infringer’s heroic hero, Positive and negative’s heroic hero. The second part is the nature of righteous behavior in the civil law. Opinionsvary about the righteous behavior in civil law, has said voluntary service, contract,emergency relief, to prevent abuse, fair liability to self-defense, emergency hedge andsaid. The author argues that the nature of righteous behavior and voluntary service aremost similar. So focus on comparing the similarities and differences.In third part, I will analyze the righteous behavior relationship in the civil law.Second, protect the interests of the righteous behavior; the hero can have many claims,including for creditor’s rights, the appropriate compensation claims for the beneficiary,to state the right to claim compensation. At the same time, the author believes that thehero does not have compensation claims.The fourth part: The present civil law of our country should be protected with thedeficiency of the perfect way. Now, the law contains many articles such as "breach ofinfringement", voluntary service, relief and other related regulations, but in to protectthe interests of the helpers who still encounter many difficulties. In reference toforeign legislation, civil law in our country will be perfect. And the helpers interestwill be protect well. And from the Angle of the whole society, a full range of protectthe interest of good.
Keywords/Search Tags:Righteous behavior, voluntary service, civil law, legislative improvement
PDF Full Text Request
Related items