| The disputes of gentleman's agreement are increasing,but due to the lack of legal norms that can be directly applied,the judicial and academic circles have different views on the commitment of the defendant's tort liability.In view of this,this essay mainly discusses the issue of tort liability of the gratuitous defendant.Chapter ?"Typeing and research object limitation" classifies the gentleman's agreement into property type and emotion type,one-way benefit type and two-way reciprocal type,and the research object of this paper is property type and one-way benefit type kindness.Because the co-drinking infringement dispute doesn't consider gratuitousness,so it is within the domain of this article.Chapter ?"Legal regulations and responsibilities" the gentleman's agreement infringement disputes cannot be applied to the rules of help and the provisions of Article 184 of the General Principles of the Civil Law,it lacks legal norms,and the principle of liability for fault infringement is applied to the principle of liability for fault liability.It also has special characteristics.Chapter ? "The defender with general negligences shouldn't bear the tort liability " analyzes the different views of judicial practice and doctrine on whether the defender should bear tort liability under general negligence.Based on the similarity between unpaid contract and good intention,it is considered that analogy applies to unpaid contract.It is reasonable to pay attention to the obligation to lighten the rules and to exempt the payer from the general negligence.Chapter ? "The defendant with gross neglience shouldn't be alleviated the tort liability " compiles and analyses the different views of the judicial practice and doctrine on whether the infringement liability of the defendant can be alleviated under the gross negligence,and based on "significant negligence equals intention",the defendant's liabality shouldn't be alleviated,which can balance the interst between the plaintiff and the defendant. |
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