On The Principle Of Good Faith

From the principle of faith in the origin and development as well as in the rest of the world exists, we can see that based on the harmonious and stable development of real honesty and credibility in all countries, although there, but different countries, the same country at different times for different conditions of the principle of good faith to make a different choice. The principle of faith status of different countries, the ways and means to achieve are not identical. Social conditions of the principle of faith in the rise and fall of ups and downs. Although the principles of honesty and credibility with the increasingly widespread, but has yet to receive the civil law principle of good faith has been widely recognized. As a principle of faith is the basic principles of the civil law and moral law, the adjustment in different areas of their requirements, their rich content and extensive, and with social development, and moral changes constantly changing, no legal definition, the need for multi-angle analysis. Morality in a specific period of a particular country, but also has the relative uncertainty, the principle of honesty and credit principle in civil law countries or regions with a legal system composed of specific rules, the rules specific to a certain extent, one can understand the meaning honest and trustworthy. Have shown their relative certainty. Honest and trustworthy in real equality, and justice for the pursuit of values with other fundamental principles of civil interdependence and mutual restraint, and each other, common adjustment civil relations. Principle of faith itself is not perfect, there are inadequate, both in terms of its own shortage, or it's with other fundamental principles of mutual relations, China and France and the characteristics of China's national conditions and other considerations, the principle of faith have not yet placed's "imperial terms", theory and practice should not be overly respected principle of faith. There are many functions of the principle of good faith, the actual function of creative play without judicial activities of judges. But this does not mean that a judge may arbitrarily applying the principle of good faith, the judge applies the appropriate conditions should be consistent with the principles of good faith and abide by the rules, has been the essence of the principle of good faith. Justice is honest and trustworthy judicial creativity specifically, the type of important ways. Full play should be given to the role of jurisprudence,...