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On The Real Obligation Of The Parties Under The Principle Of Honesty And Credit

Posted on:2015-02-02Degree:MasterType:Thesis
Country:ChinaCandidate:K T ZhangFull Text:PDF
GTID:2176330431969574Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Principle of Good Faith in the Civil Law has been recognized the status of its imperial terms for a long time.but the position in the field of Civil Procedure Law has not been valued. With the constant change and development of social and economic life, a variety of new social disputes arose, the role of traditional Civil Litigation System was challenged.Ever since the Principle of Good Faith was introduced into the field of Civil Procedure Law by some scholars who advocated actively. Although there are different voices, agreeing with the Principle of Good Faith to be include in the Civil Litigation System is the general view.Concerning the Principle of Good Faith in China, the Civil Procedure Law also has not made specific provisions until2012. In2012, the Civil Procedure Law was amended, which defined the Principle of Good Faith clearly. However, establishing the Principle of Good Faith can’t solve the cases of abusing the rights to appeal and false litigation which appeared in our judicial practice.The Principle of Good Faith was admitted from the clause of the True Obligation. The True Obligation firstlyappeared in<Austrian Civil Procedure Law> in1895.The True Obligation is recognized as the main form of the Principle of Good Faith, It can resolve disputes between the parties, can curb the bad behavior of the parties; It can refine the Principle of Good Faith andbe more operational. It has its needs of practical significance.In this paper, the historical study and comparative research method were used tosummarize, research and analyze the TrueObligation about domestic and abroad.Combining with Chinese practice of justice, this paper proposed to implement the Principle of Good Faith in the performance of specific systems---the True Obligation. This paper is divided into three parts. The first partmainly introduces the theory of the Principle of Good Faith and TrueObligationfrom the definition, nature, scope and other aspects discussed the development process of the TrueObligation of Good Faith and respective capabilities. The second part introduces theinspectionof True Obligationabout foreign countries,focusing on Germany and the United States. Implications for China is proposed by comparative analysis. The third part explainsabout our TrueObligation on the legislative, judicial, etc.Andmakes concrete measures and buildsrelated systems toimplementthe TrueObligation.
Keywords/Search Tags:Civil actions The Principle of Good Faith, The Trueobligation of GoodFaith, Judicial act
PDF Full Text Request
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