Tort Liability Of Personal Injury Caused By Gefalligkeiten

Cases caused by Gefalligkeiten are quite common in the judicial practice, which exist as personal injury In most situations. Goodwill pick-up and Co-drinking behavior are two typical types of vast majority of cases accumulated. However, Gefalligkeiten is different fron legal behavior, which is not governed by the civil law in our country. While personal injury disputes arising from acts of friendship case is relatively simple and in clear legal relations in judicial practice, which may be non-controversial, but few of tort liability issues are explained in details, especially the problem of liability degree or the availability of mitigating perpetrator’s liability. That is to say, when obliger based on friendship relations conducts gefalligkeiten, resulting in physical damage, the problem of obliger’s liability must be solved. At the same time, the author intends to regard the problem of the availability of mitigating perpetrator’s liability as the focus of discussion. Details are as follows:First part. In this chapter the basic outline of gefalligkeiten summed up in the first place, with preliminary think of what is a friendship of behavior, secondly by listing in the judicial practice case to deepen understanding of friendship in the judicial practice behavior, reflect the research in this paper, we study the significance and value. Accompanied with common drinking behavior is one kind friendship behavior in specific types of typical in the judicial practice. Based on this, puts forward the friendship behavior caused personal injury disputes of legal basis, and the behavior person(giving) shall be responsible for access to alleviate problems such as inquiry.Second part. This chapter is about legal basis to solve these disputes. The author thinks that, tort damage compensation is the way of dealing with this kind of dispute, the judicial practice in the basic will be treated as such dispute shall be deemed to be the general tort, the tort liability law and relevant provisions shall be applicable as a foundation for the victim’s right of claim, inspects the offender’s fault, duty of care, causation, etc to determine its responsibility. Basic outline inclusive, although given the friendship behavior ACTS as a helper behaviors can be used as friendship, but the judicial interpretation stipulation about his helper behavior cannot apply to friendship behavior caused personal injury disputes.Third part. This chapter discusses whether the tort liability of the perpetrator can be mitigated as well as the legal basis for mitigation. The author only discuss the friendship factor by itself makes the perpetrator’s responsibility to obtain relief, the other does not reduce the responsibility of the author to discuss the subject within the range. Academic and judicial circles on whether or not to reduce the perpetrator’s responsibility has been controversial, should reduce the responsibility of the majority view of academics, practitioners point of view but also from the early years should not relieve the responsibility to be appropriate to reduce the liability shift. How to Save on responsibility in terms of responsibility, I believe, by improving standards in order to reduce liability and responsibility is not desirable, but should consider the friendship relations between the parties to reduce the perpetrator’s responsibility, diminished responsibility should be construed as a civil liability mitigation, that determine the behavior shall be liable for compensation on the basis of and then be appropriately reduced. Be mitigated liability statute based on the behavior of people is the responsibility of the Civil Law of the fair, at the same time exclude the application of the principle of fairness and responsibility of public order and good morals principle. But controversy is a personal injury due to such dispute, while the person is a very important law benefit, if reduce the responsibility of the offender to all cases disguised infringe on the legitimate rights and interests of the beneficiaries of(the victim), so the author thinks that, shall be determined in responsibility, on the basis of to distinguish to the offender’s subjective fault, when the actor’s subjective fault is ordinary negligence can reduce the liability to pay compensation, if the subjective fault for gross negligence, intentional should not be reduced, the compromise view can maximum guarantee both parties benefit maximization.Fourth part.This chapter is attached on to discuss the positioning of contract law in dealing with such disputes. The author believe that friendship personal injury disputes arising from acts shall not apply to the relevant provisions of the "Contract Law", not only that, "Contract Law" provisions on free contract shall not relieve the perpetrator as the legal basis for liability, meaning the only legal reference values and norms on their intention, there is no practical significance on the applicable law. In general, "Tort Liability Act" and relevant judicial interpretations sufficient to govern all liability for damage caused by acts of friendship bear problems.