Civil Law Principle Of Good Faith Research

As an important and basic principle of civil law, principle of Good Faith was investigated by scholars of civil law in past dynasties with various methods, and abundant production educed. But in the near future, restricted by the pinch of new research method, any innovation is hardly possible. Since twenty century, intercross research method, a technique to investigate one subject by using the instruments specialized in another subject, was exercised cosmically in various subjects, and researching law with the instruments of economics become popular. But to principle of Good Faith, the absence of systematical investigation and production result from being short of using economical instruments form the imperfection. The intention of this composition consist of trying to remedy the deficiency indexed above, to coordinate the theory system by utilize this turning point, and to do some help to the systematical civil law theory.In order to satisfy the purpose of this file, the instrument of research to be utilized will include method of economical analysis, method of merit analysis, and technique of historical review and logic analysis that can be attribute to method of analysis in demonstration.The method of economical analysis is the basic method used in this composition. For the advantage of researching, some economical terms are introduced, and the terms include resource, exchange of resource, resource exchanger, and the side related to exchange of resource, which mean separately the interest can be weight on economical standard, the change for resource, the side direct in a exchange of resource, and the non-direct but interest-involved side in a exchange of resource.With the method of research and the corresponded terms indexed above, it is the origin and evolution, the essence, the relation to some systems of civil law, and then the review of civil law of our country about the principle of Good Faith to be investigated in this file. The file is divided into four chapter, which will be introducedbelow separately with the corresponding conclusion arrived at.The first chapter named Summarize on principle of Good faith, and it is divided into two section: language source of the principle of Good Faith, conception of the principle of Good Faith. It is involved in this chapter the review on the language source, the historical course include inchoation, decay, and revival of the principle, the analysis on the recapitulation induced by scholars anciently, and then personal comprehension on the conception of the principle.Conclusion:1.The word Good Faith is derived from Chinese, its earliest symbol representation as law term is derived from Latin, and its most integrated symbol came from German.2.Corresponding to the variance of factors such as social economics, idea on law and so on, the principle came into being and being flourish in ancient Rome, thereafter become decline, and came into revival in twentieth century.3.the relation of resource exchanging account for quite part of connection in human society, and the request between exchange, which can be analysis to formulas with the parameter of resource, call for equality between resource-exchangers and form the restriction of Good Faith in moral realm later. Be provided with qualification of legislation, with cost of curtailment in regulating scope and receding in exactness, Good Faith in law was established on the basis of its moral precedent to overcome the flaccidity by legislator, it was consisted of provision of principle and non-principle, and the former constitution in all is the system of principle of Good Faith in law. The spirit of the system is the principle of Good Faith that has restriction on subjectivity and impersonality of its object.The second chapter named The character and function of principle of Good Faith, and it is divided into two section: the character of principle of Good Faith, the function of principle of Good Faith. It is involved in this chapter the characteristic analysis of the principle according to...