The Study Of The Principle Of Honesty And Credit Of The Modern Contract Law

In the field of Civil Law and Commercial Law, the Principle of Honesty and Credit are considered as the king principle by some scholars, and some scholars also call it the sprite of theory. As a basic rule, the Principle is an important factor to the academic development of the Civil Law and Commercial Law. It is the basement and termination of many theories, especially in the field of Contract Law. The function of the Principle is fully exhibited, for example, the liabilities for wrongs in conclusion of a contract, rebus sic stantibus and the collateral obligation of contracts are the embodiment of the Principle. The classic contract theory is in the crisis now, and the modern contract theory that be constructed according to the Principle is a whole new task. The contract of relationship is a good example.The Principle is very important in the application of Contract Law. It is ca,n not be substituted in the following cases: the creation of the contract, the explanation and modification of contract, obligation of contract. And this can be seen in the confirmation of liabilities for wrongs in conclusion of a contract, the application of principle of honesty and credit's explanation, and the promise of contract's reliance interest. To perfect the modern contract theory, we must start with the Principle. This is demanded by the construction and innovation of the theory and is required by the practical function and operation. So, it is meaningful to do a systemic and profound study about it. And this is why I choose this thesis, and I will try my best.I firstly addressed this article with the original and semantic idea of the Principle. After that, the two parts: the value's recreation of the Contract Law and the study of reliance and reliance interest are performed, and tlien the construction of modern contract theory that makes the Principle as the core was dissertated.