On The Principle Of Good Faith And The Value Of The Contract Law Fit

The whole paper can be divided into five parts.The first introduced accounts for the aim and main topics of the paper, anddefines the key word "Correspondency".The first part argues that the principle of Bona Fide and contract law sharecommon value. On the basis of dual survey, historical and textual, the authorbelieves that the both value justice and efficiency. Although the principle ofBona Fide was born to rectify the freedom of contract, however, it in fact aimsto construct a good order of free trade, to safeguard fair freedom. And this iscompatible with contract law, which emphasizes the autonomy of private law.The second part focuses on the supplementary function to contract law of theprinciple of Bona Fide. By clarifying the jam of contract law as a statutetaking legal rule as main constituents, and the function of the principle ofBona Fide as a general legal principle in the application process of law, thefunction of the principle of Bona Fide as a basic legal principle wasdemonstrated. By clarifying the jam of contract law as a law regulating theconduct of equal subjects in the field of economics, and the function of theprinciple of Bona Fide was revealed. It can not only balance benefits, but canconstruct a good order.The third part argues the advance of the integral efficiency of the principle ofBona Fide and contract law. The incorporation of the principle of Bona Fideinto contract law, by improving the system of contract law and endowingjudges the freedom of discretion, the transition of contract law from formaljustice to material justice is promoted. Meanwhile, contract law sublimes theprinciple of Bona Fide from a basic moral rule to legal principle, andstrengthen its binding effect as a conduct rule. This emerges especially clearlyin China society. Moreover, the correspongdency of contract law and theprinciple of Bona Fide illumines the research on the relationship between lawand moral, it proved that the communication of moral and law is possible.The conlusion on the one hand iterate the argumentation of the paper, on theother hand, it points out that the principle of Bona Fide will impose influenceon the modernization of contract law.