Friendship Behavior And Law Regulation

Friendship behavior earliest are put forward from the German civil law,it is also called kindness boon or patronage relations,Gentleman's Agreement is the correspond concept on the common law.Friendship behavior is very common in daily life,in the act of pure friendship behavior,it is done under the condition of good friendship behavior,in this condition,friendship behavior doesn't enter the legal adjustment range,only be adjust to the code of ethics.However,in practice,there are many dispute of friendship behavior.Typical cases involve in friendship behavior in civil law and common law are significant in solving similar disputes.Friendship behavior has the characteristics of free,selfless and non legally binding meaning.Non legally binding meaning is also the essence difference of friendship behavior and behavior of civil law.,has the distinguish standard of subjective and objective standard,to be used easily,in objective standard there are social public interest standard,reliance interest standard and free standard.When friendship behavior do harm to the interests of others,it is also in accordance with the elements of tort liability,therefore should bear tort liability.Apply the principle of fault liability in finding friendship responsibility,increase the personal property of the duty of care to others,balance the rights and obligations between people is most appropriate.