On The Good Will - Bona - Centric

Goodwill acquisition system has been an important system in the field of civil law since the latter-day era. As a strategy to coordinate the conflict of interest, it will be in a dilemma between the choice of the individual and social benefits. With the theorists' research and discussion, this system is becoming more reasonable and perfect In our country, however, theorists pay more attention to this system's "acquisition" than "goodwill" which is the most essential and most crucial factor. This system is also difficult to be applied to the judicial practice. In this paper, the " goodwill" in this system is discussed from six facts:The first part of the paper casts back the origin and the development of the "goodwill acquisition " system in the field of civil law in modern society, and enumerates the specific regulations of the "goodwill" in this system in our countries' civil lawmaking.The second part analyzes the theorists' divarication between the theoretical foundation and the value foundation, and advances the goodwill's value and practical significance in this system. This will not only help us to construct this system info and the elements better, but also provide a powerful instruction to the judicial practice.The third part discusses the concept of the goodwill. The goodwill, according to its own meaning, includes several contents, such as "credit", "honesty", "sincere", "no cheat", "transparence", "no deceit", "no negligence", "no significant negligence". As a fact, the goodwill is an abstract idea which exists in human's mind. The "goodwill" in the goodwill acquisition system means that the grantee, when he or she receives the property, is in a psychology of not knowing that there is a factor that shall sufficiently affect the behavior's legal force. It also discusses the relationship between the goodwill and the principle of good faith in civil law. As a basic principle, the principle of good faith refers to the value of balance and freedom, and it has different connotation in different field. Goodwill is just its concrete manifestation in the real law domain. Besides, this part discusses the relations of good will, malicious and the negligence in details. Goodwill includes actually "no negligence", "slight negligence" and "general negligence", its scope is wider than "no negligence", but has overlapping with negligence.