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Research Of The Principle Of Good Faith Of Contract Law From The Legal Ethics Standpoint

Posted on:2010-01-19Degree:MasterType:Thesis
Country:ChinaCandidate:R Y LiFull Text:PDF
GTID:2166360278977466Subject:Ideological and political education
Abstract/Summary:PDF Full Text Request
Contract law is the most important law to regulate the exchange relations among the equal subjects in the market economy. The function of the principle of good faith in contract law is being in so great tendency of growth that it has taken the main position and become the so- called Emperor Clause governing contract law, so much as the whole area of civil law. Thus, the principle of good faith of contract law has become a law issue with the very meaning in the world today.In this paper, Ethics and the basic principles of Department Law are combined together. After in-depth analysis of this issue related to this research both at home and abroad, research the principle of contract law from multi-perspective and multi-disciplinary. Based on the relationship between law and ethics and the interaction between them, set the concept of norms as a starting, eventually rise to the order level of good faith to research the principle from the ethical view of point : Firstly, have a retrospective of the principle of good faith of contract law to explore the origin of ethics code of it then point out that it has the function of combining law and ethics. Secondly, according to the application limitations appear in reality, propose the necessary of the establishment of social credit system .Finally, point out that the transfer of moral to law give the principle of good faith a legal meaning. And point out that the essence of moral to law is to promote and improve the morality of law, and then seek the moral support for the rule of law in our country.
Keywords/Search Tags:legal ethics, the doctrine of good faith in contract law, rule of virtue, rule of law
PDF Full Text Request
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