On The Act Of Friendship

The first part of this article is an overview of the definition of friendship behavior. Through the comparison of domestic and foreign research on the theory of friendship behavior. Found friendship behavior has the behavior of free and motive of altruism of external features and the intrinsic properties of the meaning of legal constraints. Friendship behavior with the characterization and properties, is traditional friendship behavior theory to judge a behavior constitute the friendship behavior standard, the author in view of the lack of the criteria proposed a new judgment criterion and behavior can be prosecutable standard. The premise of the realization of the civil jurisdiction is that a behavior has the characteristic of litigation. The standard of sexual behavior of friendship is based on the dynamic measure of interest.The second part is the comparative study of friendship behavior and other civil behavior. In the first part, the author defines the friendship behavior of the concept, characteristic and the judgment standard, based on the analysis of legal attribute of legal act and factual act and the quasi contract behavior, defines the friendship behavior and traditional civil behavior. The help we clarify the specific rules of civil in problems related to the friendship behavior can be applied, if we can apply the applicable extent, which is the traditional civil law theory and practice in dealing with problems encountered friendship behavior.The third part of this article analyzes the legal significance of the friendship behavior. Based on the special nature of friendship behavior, the author divides its legal meaning into two types, which are negative and positive. Refers to the legal significance of negative friendship behavior, friendship benefit people lack of the intention of the legal relationship, friendship benefit people in patronizing process does not pursue the legal rights and interests is unwilling to bear the legal obligation; legal significance of positive friendship behavior refers to benefit people's profit is based on the favors of the legal behavior, the profit of the legitimate to resistance is due to the management system and the system of unjust enrichment in the friendship behavior applicable.The fourth part of the article analyzes the tort of friendship. Acts of friendship, in general, do not need to use the law to regulate. The promise of friendship is not a legal obligation. But friendship benefit people in patronizing was owed to their behavior to the reasonable care obligation or security obligations, the attached obligation based on principal behavior generated. Reasonable attention obligation and the obligation of safety guarantee are the premise and key of the tort of friendship. In this part, the author takes the specific friendship tort as the sample, and analyzes the friendship tort. Under the different responsibility principle, the friendly behavior person has the reasonable duty of care and the security safeguard duty degree has the very big difference, our country court generally holds the general negligence doctrine, the imputation principle is the general principle of fault.The fifth part is the tort liability of friendship behavior. Gefalligkeiten due to violation of statutory obligations of friendship tort liability. In the friendship infringement, the parties can freely through the agreement exempt tort liability is a big theoretical controversy. The liability of the tort liability of the statutory exemption can only be the current "tort law" within the scope of the provisions of. The author, from the social function value of law, the interests and feelings of the two sides of the behavior of the two sides of the contract, such as the nature of the contract, and other aspects of consideration, advocate the loss of friendship tort liability.In the sixth part, the author puts forward some thoughts on the construction of the system of the tort liability system of the act of friendship. The imputation principle of tort should be feelings of general negligence principle. The scope of compensation for the infringement of the friendship, I believe that only a direct causal relationship between the loss, should not include indirect losses and spiritual losses.