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Gefalligkeiten In Perspective Of Civil Law

Posted on:2019-05-09Degree:MasterType:Thesis
Country:ChinaCandidate:R Y LiangFull Text:PDF
GTID:2416330551458524Subject:legal
Abstract/Summary:PDF Full Text Request
Human beings must live from birth to death and live in groups.It is impossible to avoid social interactions with other people.The content is complex and varied.Well-meaning beneficiary behavior is one of the social interactions that does not harm one's own interests or harm one's interests.It is a common fact of life in everyday life and is not subject to legal adjustment.The parties involved are the beneficiaries and the beneficiaries.The benefactor does not wish to increase his own economic interest,but only to increase the friendship between the two parties.For example,the driver lights up the night road and the bus driver carries the old man to and from the car late at night.Such good faith behavior is legally evaluated as having uncharted altruistic characteristics.However,good intentions may have unexpected legal consequences.At this time,legal intervention is required.Well-meaning beneficiary behavior belongs to the field of life facts,and if the law is excessively intervened,the social rules will be destroyed.Therefore,the law should be careful and careful when it comes to intervention.First of all,we must clarify which of them are recognized as legal interests and part of their protection,and which are still in the field of purely factual facts and are not subject to legal enforcement.Various kinds of value conflicts are rejected and sorted.In addition,it is also necessary to apply interest measurement methods in theoretical research and judicial practice to weigh different factors.To this end,the author focuses on further categorizing all types of good intentions when studying the good intentions of giving benefit under the perspective of civil law.At the same time,the boundaries of good-faith and civil legal acts are clarified,and it is further ascertained whether and to what extent the rules of the actual law of civil law can be applied to the field of good intentions.This article is divided into three parts:The first part is a summary of good intentions,including its definition,nature and characteristics.The second part is introduce the essentials of Gefalligkeiten into the legal space,include subjective and objective elements.The third part lists the friendship contract,no reason management and civil tort.All three are common types of Gefalligkeiten into civil behavior.By studying them can help us to deal with such cases in the judicial practice,give a fair and intelligent solution to the interests of the parties.
Keywords/Search Tags:Free of charge, Gefalligkeiten, Value judgment, The method of balancing of interests, Legal liability
PDF Full Text Request
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