On The Civil Liability For The Damage Caused By The "action Of Friendship"

Now the society has entered a period of rapid development,the economic growth is very fast and diversified.At the same time,the types of acts that cause damage are tended to be diverse,while the law has an inevitable lag in the real life,so it is not a good solution to the many new problems.When a new problem occurs,how to properly apply the legal system to solve the problem,it has an important role to maintain the authority of the national law and the legal system.The Gefalligkeiten is that the existing legal system does not provide for it,so when the contradictions and disputes appear without proper solution to such problems.Gefalligkeiten is the existence of friendship between the parties,so do this in order to maintain and enhance this relationship and this is only a particularly purely private behavior in the process of social interaction.But in the real life things don't turn out the way you want,kindly do bad things cause a lot of disputes and friction.If the actors is not careful may cause great damage to others.At this stage in the theory and practice,the relevant research is not thorough enough therefore the court hear the case of the Gefalligkeiten are applicable different law,so the unity and authority of the judicature has been greatly damaged.But nowadays the number of cases of Gefalligkeiten increased year by year,we need to solve this problems.This passage divides into four parts as follows:The first part,through the domestic and foreign research point out the concept and characteristics of Gefalligkeiten and define the conditions for this behavior take responsibility.Lay the ground for the following.The second part,pointing out that the court is different in the application of the law in such cases through the specific case,then respectively from the contract law and tort liability law so that to claim when adverse consequences arise.Through the "tort liability law" adjust its legal relationship when the Gefalligkeiten cause person damage.The third part,the emphasis of this thesis,an analysis of the application of tort liability after damage caused by Gefalligkeiten,mainly from three aspects of discussion.Firstly,in the terms of act composition,what is the difference between Gefalligkeiten infringement and ordinary tort,so that to define the particularity of friendship infringement.Second,the liability terms should obey the fault liability principle.Third,to determine the responsibility of friendship infringement need to consider the principle of fairness and other factors,because its responsibility need to reduce and remove so that the interests of both sides are balanced.The fourth part,at present,there is a shortage of relief system for the damage caused by the act,therefore mainly from the legislative point of view,according to the general principles of civil law and tort liability law,put forward the perfect proposal so that to protect the interests of both sides and ensure social harmony and stability.