| Friendship behavior is a kind of act with the purpose of building friendship, maintain or enhance friendship with others, hoping to produce the effect of ltruistic behavior. As a purely social behavior it will inevitably produce disputes and friction. German civil law is clear that a friendship behavior occurs outside the legal aspects of behavior, can not produce legal consequences according to the law, how to deal with the damage caused by acts of friendship is particularly tricky. Scholars about the definition of friendship and its behavior is more common legal acts, on how to deal with the problem is basically incidental damages discourse, few scholars question of their responsibility to do the analysis from the perspective of the legal system and the existing laws. Some scholars have focused from " Good Will take " responsibility perspective to discuss the issue, but " with good intentions by" specific regulations related to traffic safety and vehicle insurance for damages and is closely related to its liability rules are not universal. Feelings caused by the behavior of the damage to human cases have been relatively rare in non-judges to decide cases in the system and the need to have a complete mindset. Thus from a theoretical point of view needs to explore the feelings of responsibility for the behavior of elements of human-induced damage assume the way, try to tease out the idea of handling the logic of such damages, for judges to decide cases provide proper guidance.Friendship behavior as a non-legal acts, which itself does not produce legal effects. But the damage caused to the party friendship behavior in some cases required to be included in the legal regulation of the category. Friendship can be divided into the damage caused by acts of non-compliance to the detriment of camaraderie and friendship agreement occurred in separate acts of infringement caused by loss of two scenarios. For damage caused by acts of non-compliance friendship civil liability on the issue of responsibility, friendship agreement with distinction from the contract start, analog applicable contract principles of collateral obligation and moral standards in order to determine the perpetrator shall fulfill the obligations of friendship, and in tort as compensation agreement non-performance caused by the loss of the right to request basis. Responsibility on the specific rules and methods to the perpetrator intentionally as elements in the party knows or can foresee the scope of liability to property and compensation for pure economic loss for the object. Not a friendship infringement in violation of security obligations as a precondition, there is a need to conduct subjective fault, bear part of the general negative secondary responsibility responsibility. Particularity as friendship tort liability is mainly reflected in the feelings of responsibility for the obligation to reduce or waive impact. Specific rules on liability, combined with subjective fault parties and various violations of law specifically benefit analysis of specific situations.Behavior caused controversy because of friendship in judicial practice increasingly common. Friendship between the behavior of particularity, on the face of the damage caused by acts of friendship often seem impossible to start treatment. In this paper, the damage caused by the acts of friendship divided into two types, for each specific case, try to base claims for damages from the starting, the circumstances under which discrimination can take responsibility from the theoretical point of view, and what responsibility. Combining theoretical analysis of specific cases, with case studies to verify the text in the refined view, trying to build camaraderie handle the damage caused by acts of civil liability framework that provides for reference of the processing rules for this type of damages. |
