The Theory Of Friendship Behavior

In life, some behaviors of the people, such as invite them to dinner, go abroad tohelp a friend bought things, offer free rides to neighbors, on the surface, seems to be alegal act, however, there is no doubt that the parties didn’t mean to implement a legalbehavior. So, in general, they should not be bound by law for the behavior. To thiskind of behavior differs from legal act, academic circles put forward the concept of"friendship”. Friendship behavior is legal act in Germany law system developed onthe basis of theoretical frame of a make up for the deficiency of the traditional theoryof a theory. Is the core of the legal behavior intention, and friendship behavior lack ofintention constitutive requirements, does not constitute a legal act.The word "friendship", is the key to this kind of behavior, but many behaviorscontain friendship factor of people, including some legal act and fact act, the legallevel of typical behavior, this article on friendship behavior and legal act, factbehavior is defined.Friendship behavior, you should let it stay on the moral level, the shackles ofcannot easily use the law to confine it But if friendship behavior appeared in theprocess of infringing on lawful rights and interests of others, the law is found a verygood point, because morality is nothing in the solution of the infringement, or at leasta little. Friendship behavior has had the injury consequence, how to compensate,whether pure economic loss compensation. Friendship behavior damages based on theprinciples of what, whether the parties to fulfill the corresponding duty of care? Thispaper argues that, in terms of legal principle, legal adjustment behavior, the necessityof this kind of friendship: disgraceful consideration of fairness, principle, tradinghabits. Friendship behavior based on the principle of fault liability imputationprinciple. Note obligations of the parties are divided into three levels (duty of carewill typically have three different standard). Friendship all the damage occurs whetherto apply the principle of the corresponding liability, if the parties since the risk-taking,because one of the parties before the damage occurred, has foreseen some dangerousor as friendship behavior and to the existence of a certain risk, behavior is stilldetermined to accept or to participate in the friendship, have subjective offence and astort liability to reduce also conforms to the fair principle of civil law.