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情谊行为翻译于德国民法概念,在西方国家已经有成熟的法律适用,而我国民法领域对情谊行为的研究解释不明,在生活中如“共同饮酒、自发组织游玩、好意同乘等情谊行为引发的侵权案件学界、司法机关对责任的承担并没有形成统一的意见,无论是在理论还是司法实践中对情谊行为研究甚少,给我们的司法实践造成极大困境,不同地区的法院对类似案件的判决结果截然不同。本文通过探讨情谊行为的性质及其法律责任承担基础上,研究情谊侵权行为的归责原则,更好服务于实务案件。
Affective acts have been translated into the concept of civil law in Germany, and have been applied to mature laws in western countries. However, the study of affective behaviors in the field of civil law in our country is not explained. In life, such as ”common drinking, spontaneous organization and playful activities, The jurisprudence of jurisprudence and the judiciary did not form a unified opinion on the commitment of responsibility, both in theoretical and judicial practice of the study of the friendship behavior is very small, causing great difficulties for our judicial practice, the courts in different regions of similar cases The judgment results are quite different.This paper explores the nature of the act of friendship and its legal responsibility to undertake, based on the principle of attribution of the friendship and infringement, and better serve the practical cases.