Research On The Issue Of Civil Liability For Kind Gratuities

Gefalligkeitsverhaltnis is very common in real life,and the number of infringement cases caused by Gefalligkeitsverhaltnis is increasing year by year.The current law does not clearly stipulate the Gefalligkeitsverhaltnis and the consequences of related infringements,resulting in judges having no uniform discretionary standards when dealing with relevant cases.Therefore,it is of practical significance to study what is Gefalligkeitsverhaltnis and its related civil liability.First of all,by deducing the definition,types and judgment criteria,the Gefalligkeitsverhaltnis are defined.Gefalligkeitsverhaltnis refers to the unpaid behavior of the beneficiaries in favor of the beneficiaries because of the Gefalligkeitsverhaltnis of the beneficiaries;it is divided into two types: purely Gefalligkeitsverhaltnis and vague Gefalligkeitsverhaltnis;It is more operable to use specific criteria.Then through the controversy on this issue in practice,taking into account the particularity of the civil liability of Gefalligkeitsverhaltnis,systematicaly analyzes the bearing of the civil liability of Gefalligkeitsverhaltnis.The principle of liability applies the principle of fault liability and the principle of fair liability,and the subjective mentality of the donor is not intentional;the scope of responsibility should be limited to direct losses and material losses.Finally,it discusses the specific distribution of civil liability of Gefalligkeitsverhaltnis and the existence of three types of relief.If the benefactor has gross negligence,he shall bear no more than half of the liability.If the benefactor has general negligence,the beneficiary shall bear the risk at his own risk.The benefactor cannot be completely exempted from liability due to his previous goodwill.Under the three circumstances of exemption,legal exclusion and the beneficiary's willingness to take risks,the liability can be appropriately reduced or exempted.