Research On Gefalligkeitsvehaltnis

Willingness to help others is the traditional virtue of Chinese nation, which not only creates a harmonious social atmosphere, but also makes people's relationship more harmonious and lives more convenient. The behaviors like getting on a free car,taking care of neighbors'baby,casting mail for other people happen frequently in our daily life, scholars generally summarize those activities which prove the people's relationship without getting interest as gefalligkeitsvehaltnis. Although the original intention of such acts is good , but the results that turn out to be bad in real life is not uncommom. For example, letting people ride on the way unluckly leads others injured or killed in traffic accident,taking care of child accidentally injures the baby,forgetting to deliver the mail makes others missed the business opportunity. The reacher of such acts is not sufficient, and scholars'answer to the question which involves the characteristic of those behaviors,what attention the party should pay and how to protect the benefit when the damage happens is not clear. In addition, gefalligkeitsvehaltnis is related to the social advocated virtue, so people will pay close attention to the results of the law dealing with those issues, and choose their activities on the basis of the results. Therefore the research of gefalligkeitsvehaltnis not only has a theoretical necessity, but also has significant practical significance.The concept of"gefalligkeitsvehaltnis"comes from Germany case theory, and there is no relevant rules in our civil law system. In theoretical circles,"gefalligkeitsvehaltnis"is just a summary of the certain social behaviors and hasn't exact definition. In regard to the characteristic of such act, some scholars think it belongs to legal act, and some believe it is a fact act,others think that is the social behaviour not bound by the law. The writer agrees with the third point that gefalligkeitsvehaltnis should be subsumed into the adjustment of morality or custom instead of law. But we should pay attention to the difference between the the act itself and its consequences. Based on the protection of the rights , the law will take measures to adjust the relationship when the action resulted in damages.In order to make a clear and intact research on gefalligkeitsvehaltnis, this paper will be divided into three parts:The first part is the brief introduction of gefalligkeitsvehaltnis theroy. This part will put forward questions by quoting the reference cases and the verdict in real life. Then the writer will make a deep analysis on some parts of gefalligkeitsvehaltnis , such as the definitions and the features of the acts and so on, to offer a clear and precise definition.The second part is the analysis on the characteristic and the legal effect of gefalligkeitsvehaltnis. This part will focus on analyzing the characteristic of the acts, and the writer think that those activites is beyond the range of the law. And then the paper goes on to study the standards which are used to distinguish the gefalligkeitsvehaltnis from the legal act. Finally the issues of the legal effect will be put forward to discuss.The third part is mainly about the dispute process. Studying on the point of tort law, the dispute caused by gefalligkeitsvehaltnis should apply to the general tort law. Then the writer gives a further analysis on the differences between the gefalligkeitsvehaltnis and the general tort, which will help to illustrate the theoretical and practical significance of study.