Research On Several Issues Of General Clause In Civil Law

The general clause is such clause that without composing requirement and legal effect, both its connotation and extension are not certain, its value should be concreted by judges when it applied, and it mainly represents the good faith clause and good custom clause in Civil law. Since its ability of comprehension, it should be completely applied by judge's discretion, therefore, it has comparative agility character, and give attention to the safety and the adaptability of code.This thesis contains four parts to discuss several issues of general clause of Civil Law.The first part mainly presents the concept of general clause,the difference between it and other relevant concepts and the character of general clause. By researching the views of different scholars, I found that scholars share the same comprehension of general clause, and merely some discrepancies on the expression of words. The general clause is such clause that without composing requirement and legal effect, both its connotation and extension are not certain, its value should be concreted by judges when it applied, and it mainly represents the good faith clause and good custom clause in Civil law. Since its ability of comprehension, it should be completely applied by judge's discretion. It differs from the basic principle, the uncertain legal concept, and the discretion clause for authorization.The second part mainly discusses the reasons of the existence of the general clause. The intrinsic limitation of the statute law is the chief reason of them; and secondly, since the knowledge limitation of lawmaker, the finity of...