Research Of Civil Liability Causing By Friendship Behavior

Friendship Behavior means to enhance personal relationships between the parties as the main purpose of, or based on good morals and behavior of materials or services provided free of charge for others, under normal circumstances, this behavior only by the moral constraints without the need for legal regulation. This kind of behavior is belonged to the morality category,but not adjusted by the law under behavior in regular state.Behavior of this charity, but tend to occur in real life disputes backfire in court. Although frequent occurrence of such a difficult situation,it did’t cause too much research on Friendship Behavior in theoretical circles still,there is no provision in our civil law,and therefore the court settle a lawsuit the problem of deciding a caseJudges how to judge will affect people’s attitudes, the behavior of the people-oriented, plays a pivotal role, so the analysis of qualitative and responsibilities of Friendship Behavior is great practical significance. Specifically,the idea of this paper is as follows:First of all domestic and foreign scholars for Friendship Behavior defined circumstances to conduct a review, summarizes the characteristics of Friendship Behavior. Mei Kusi Friendship Behavior types of division, the author further refinement will be divided into three categories, ie,"pure Friendship Behavior " and "fuzzy Friendship Behavior " and a legal act with kindness factors. By way of example and contrast Friendship Behavior and legal acts of the difference to Favor the act itself without the need for legal intervention.In addition, I use the method of historical analysis and comparative studies, to determine the subjective standard of Friendship Behavior on the civil law and common law Favor, objective criteria were reviewed, on this basis to form a specific operational criteria.Secondly, assumptions and examples to illustrate Friendship Behavior course of conduct may have two responsibilities, one is about to fulfill the claim, that is, the contractual obligations. Favor the meaning of the behavior of the lack of effect, by comparing the difference of Friendship Behavior and legal acts that only has the shape of the contract not have the contract actually. Another is in the process of implementation resulting from tort liability. By analogy, apply general tort Elements Favor, here pointed out that the biggest difference is in the identification of the fault. Constitute the elements of the fault due to the special behavior of Favor, tort liability refers only to gross negligence. Then introduced Friendship Behavior Tort Liability Principle-by-contrast analysis of the advantages and disadvantages of the Principles of Responsibility obtained the principle of fault liability is attributable, as the only applicable principle.Finally, the first use of historical research describes the common law, civil law in general tort duty of care and a breach of the duty of care standard to illustrate the the Friendship Behavior duty of care should be a "reasonable person" duty of care. Favor behavior favors the process in violation of this attention to the significance will likely lead to the establishment of the tort liability. The final discussion in this article Favor acts of tort liability relief, including statutory exclude,agreed to exclude the victim willingly adventure.