On The Good Faith Principle And Contract Law

The classic theory of contract has its specific social, economic and ideology background. Due to the intrinsic limitation of itself, with the development of times, the classic theory of contract inevitably begins to have the contradiction with the actual practice of contract. Just at this time, Good Faith principle is inevitably being introduced in order to bridge the gap between the classic theory of contract and the actual practice of contract. Nowadays, the theory and the actual practice of Good Faith principle has gradually been matched in the main law systems in the world. However, there is still a lot of space to be improved in China's current contract law. Only by learning the experience from other countries and districts, can we set up the"advanced"contract law in the near future.With about forty thousands of words in the paper, it covers three parts: preface, body and postscript. Please find to follow the below detailed elaboration. Preface: Nowadays, the good Faith principle has become a hot topic in the field of law among main countries and districts. Many Chinese experts also have done a lot on the research of this topic. I would like to further the in-depth study on this topic and suggest my own research methodology and thinking, based on the previous research work of others.Body: The body is divided into the following four parts.Part one: The development of Good Faith principle and the contract law. In order to research on the relationship between the Good Faith principle and the development of contract law in essence I have analyzed from three aspects: the meanings and functions of Good Faith principle, the influence of Good Faith principle on contract law, and its reasons behind. The conclusion drawn is that it is the inevitable trend of the history that brings along Good Faith principle, the collapse of the classic theory of contract and the foundation of modern contract theory. Part two: Good Faith principle drives the contract theory In this part, from a broader prospective, .I have analyzed the main presence of the transition from classic contract theory to modern contract theory driven by Good Faith principle, which serves as a good base for the following part threePart three: Good Faith principle drives the contract system. In this part, I did a comparative study of the modern contract system of some different countries and districts. Firstly, there are three basic principles under the Good Faith principle: Principle of preventing of abuse of right, Principle of Changed Circumstances and Principle of trust profit. Secondly, there is the content and obligations of the contract, such as Prior-Contract Obligation. Thirdly, it is the limit on the contract clause. Finally, the explanation of Good Faith of contract Based on the above, we can come to a conclusion, Good Faith principle is a predominated clause. In addition, it will become the idiographic system and principle, which will not enlarge the judicial liberty discretion.Part four: the influence of Good Faith principle on the contract law of China. In this part, I have tried to identify pitfalls and shortcomings of the current contract law of China by analyzing the Good Faith principle and system related. On the base of learning the experience from other countries and regions , I have tried to suggest the possible improvement methods for the contract law of China in the future.Postscript: summarizing the gist, and the paper is over.