好意施惠是一种在生活中极为常见的、旨在增进情谊的行为。由于对好意施惠在理论上缺乏全面深入的研究,法律上也缺乏对好意施惠的明确定性,所以人们在面对好意施惠问题时往往与其他行为发生混淆,导致在处理关于好意施惠的纠纷时也会模糊不清。好意施惠行为不同于民事法律行为,不能当然地在当事人之间产生合同上的权利义务关系。在实务中,应当结合当事人的意思,衡量双方利益和交易习惯,根据个案情况确定。 Honesty is a kind of behavior that is very common in life and aims to promote friendship. Due to the lack of a comprehensive and in-depth theoretical study of goodwill benefits and the lack of a clear legal definition of goodwill benefits, people often confuse other behaviors in the face of goodwill issues, The dispute will be blurred. Honesty favors behavior is different from civil legal acts, can not of course produce rights and obligations in the contract between the parties. In practice, the interests of both parties and the trading habits should be measured according to the meanings of the parties and determined according to the individual case.