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Research of Gentleman’s Agreement

Author: CaiJiaYi
Tutor: WangGan
School: Huazhong University of Science and Technology
Course: Legal
Keywords: Gentleman’s agreement compensation for damages duty Meaning is expressed
CLC: D923
Type: Master's thesis
Year: 2010
Downloads: 194
Quote: 0
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Abstract

“A promise is a promise.”Gentleman’s agreement is very common in daily life especially China as a moral believing country. Gentleman’s agreement plays a very important role even exists broader than contact behavior. I.e. a uncle promise a nephew to buy him a computer after his university entrance, a neighbor ask another neighbor to look after her child etc. However, will they really keep the promise with oral agreement? After the“common daily things”are sorted, it is easily to find that these behaviors produced reasonably though, the gentleman who makes the promise will never want or realize they will be sued for breaking such promise. Yet, these“common daily things”may bring conflicts in our life. As mentioned, for some reason the uncle doesn’t keep his promise, the child get hurt while looked after by the neighbor. Now the question is: should the promise-making side responsible for it? What is the evidence for taking the responsibility?So far in either our theory or abroad, attentions can not be found to such out-of-law behavior, which brings great difficulty in judicial case. The judge spends lots of time in handling it. Therefore, the writer researches the common existing“gentleman’s agreement”in daily life, trying to finger out its essence and its boundary with law. Here the“gentleman’s agreement”is what Professor Medicus from German called Gefalligkeiten while China Taiwan Mr Wang Zejian called Kindness help. It doesn’t have a specific definition from law, let alone systematism of academic research or legislation. (In a convenient way, the writer called it Gefalligkeiten for short.) Thus, it is necessary to make a research on this topic in order to perfect the relative theory of Gefalligkeiten, also to offer support for judicial case.Here we will start from the bellowing five parts on Gefalligkeiten.The first part is the summary of Gefalligkeiten. To find the illumination, the writer raised a question for readers’thinking, then start from the research of Gefalligkeiten in and out of China to pose an introduction while comparing the situations in and out of China.The second part is the boundary of Gefalligkeiten. The writer starts from the character and judgment standard of Gefalligkeiten, trying to open out what is real Gefalligkeiten, what is the judgment? In order to make a correct definition on Gefalligkeiten. The third part is the questions from writer on Gefalligkeiten. At this part, the writer stress a statement on the differences between Gefalligkeiten, law and fact, clearly definite that Gefalligkeiten is neither law nor fact. At last make his view whether reason will stand by the promise-making side.The forth part is to analyze who should responsible for the damage and compensation of such behavior. The writer points out that the loss caused by Gefalligkeiten is not a breach of contact, but shirking of responsibility. Based on this analysis he structures a regulation of Gefalligkeiten.The fifth part is the position and value in future law. At the last part, the writer prospects the value in the future law, though he is not able to make detail legislation on Gefalligkeiten, hoping that the relative rule can be definited.The writer makes an outline through the above statement including research of pure theory and practices out of reality. However, due to the limited knowledge, improvements still need to be made on this topic. Yet the writer hoping it will be little contribution to the development of Gefalligkeiten.

Research of Gentleman’s Agreement

Abstract

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