Assume The Responsibility Of Friendship Behavior Violate The Rights

Friendship infringement disputes has increased every year, but our law in this regard, but not perfect, when people search for legal ways to solve the problems encountered, the law needs to give a strong answer. This paper compares the behavior at home and abroad for the definition of friendship, gives a more precise definition of the behavior of friendship, that friendship behavior refers to the act in order to establish, maintain or promote friendship with others for the purpose, meaning not legally binding, the direct consequences of unpaid altruistic behavior.Friendship acts and legal acts, the fact that behavior, because no contract management and related concepts have differences, deal with similar acts of friendship in order to better distinguish between the concept of process-related issues in tort law practice. Common behaviors include friendship with kindness multiplied together to drink, care to help, friends gathering, on behalf of a variety of types of behavior, identity protocols, divide these types of behavior will help us find common friendship, friendship abstract behavioral characteristics in judgment when friendship infringement issues, first determine whether the previous behavior of friendship behavior.In dealing with friendship infringement liability issues, behavior and feelings can not be confused tort friendship, friendship distinction between behavior and similar behavior helps resolve infringement disputes friendship, bear tort liability issues for friendship behavior, particularity its constituent elements that friendship perpetrator's behavior is not the behavior of a real sense of victimization, but well-intentioned but it caused damage to the unforeseen consequences; friendship acts as a social level behavior itself is not at fault at all, the majority of friendship infringement dispute friendship behavior in the implementation process, due entirely to the people patronizing the duty of care lead the beneficiary to persons or property suffered a loss, resulting in the issue of tort liability. Friendship conduct a general infringement, in the application of the principle of liability should still apply the principle of fault liability, and should not apply the principle of liability without fault or liability fair.Based on the special friendship behavior, one friendship between the body acts already have some kind of social relations, in order to maintain the relationship between the two sides had friendly feelings; the second is the fault of friendship form acts more as negligence, negligence intentional tort liability cf. infringement can be mitigated; the third is the behavior of friendship and kindness have free, in order to encourage people to help each other maintain a friendly relationship between the parties, in patronizing people have done to the appropriate duty of care situation, it should be appropriate to reduce its liability, duty to mitigate primarily by reducing the scope of compensation and mitigation of the burden of proof to achieve. If patronizing person fails to fulfill the corresponding duty of care, we need to take responsibility, so that you can urge people patronizing cautious behavior, try to avoid damage results.