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Research On Legal Issues Of Friendship Behavior

Posted on:2020-11-07Degree:MasterType:Thesis
Country:ChinaCandidate:Z X LongFull Text:PDF
GTID:2416330599461630Subject:Law
Abstract/Summary:PDF Full Text Request
As an important form of maintaining friendly relations between people,friendship acts,whether in the past,present or future,will be an indispensable part of social interaction.Countries and regions with deeper research on the theory of friendship behavior have formed specific solutions or related institutional provisions on legal issues related to some friendship behaviors,such as the "Gentleman’s agreement" in the Anglo-American legal system countries and the German provisions on the protection of reliance interests.In China’s current legal system,there are no legal norms for the act of friendship and its disputes.Due to the extremely lack of institutional rules in the legislation,the phenome non of different judgments in similar cases in judicial practice is extremely common.In order to better resolve the disputes of friendship and behavior,and improve the dispute resolution mechanism,this paper takes the legal issues involved in the act of friendship as the research object,and analyzes the characteristics of the friendship behavior under different rights and states,and divides the friendship behavior into pure friendship behavior,friendship contract behavior and friendship infringement aim to form a civil law theoretical system with emot ional behavior as the core.This thesis uses literature research,case analysis and value analysis to study the type of responsibility of emotional behavior,analyze and define the concept of emotional behavior,and summarize and summarize the characteristics of behavior and the types of behavior that can be generated.On this basis,by combining the recent cases of friendship,and analyzing the actual problems in the case,it is found that there is a lack of affirmation of the effect of friend ship payment in the current legislative system,lack of friendship contracts,esta blishment standards of friendship infringement,responsibility standards,etc.Ins ufficient.Aiming at the imperfect system of friendship and behavior in the civil law system,this paper proposes the legislative countermeasures for the impro vement of the legal issues of friendship behavior from the three aspects of Civil Law,Contract Law and Tort Liability Law,and sheds light on providing reference for the provision of friendship behavior legislation.Valuable opinions and suggestions to achieve the perfection and innovation of the civil law theoretical system,and at the same time,to enrich the theoretical research on the type of responsibility of emotional behavior.
Keywords/Search Tags:friendship behavior, pure friendship behavior, friendship contract behavior, friendship infringement
PDF Full Text Request
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