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The Principle Of Public Order And Good Customs

Posted on:2014-01-16Degree:MasterType:Thesis
Country:ChinaCandidate:B B WangFull Text:PDF
GTID:2246330398968706Subject:Civil and commercial law
Abstract/Summary:PDF Full Text Request
The Principle of public order and good customs is a basic principle established in modern code of civil laws. Its restricting on freedom of contract and closing the loopholes left in legal system are attached great importance across the world; The principle expresses the modern civil spirit, and it is also an important source in legislation. At present, the establishment of the legal system is not completed yet, and the legal awareness is not popular enough among people. A variety of the mean and the ugly are emerging with the rapid development of economy. Taken these into consideration, the principle of public order and good customs should play its significant part in social ordering. This is realistic significance of studing on the principle.The principle of public order and good customs has not been represented adequately, and the value of public order and good customs not differentiated. The criterion of judging has not been standardized, and the procedures cannot be guaranteed, the verdict may be controversial. As a result, judicature fails the demand of society and law for justice. In this thesis, four classic cases will be chosen, with which the thesis starts. First, the basic theory on the principle will be presented monographically, and then a survey will be conducted on the features of application of the principle. Secondly, an standardized procedure will be introduced to analyze the cases. At last, some suggestions on how to perfect the system of public order and good customs will be offered from the perspective of legislation, judicature and judge.
Keywords/Search Tags:public order and good customs, good customs, civil law
PDF Full Text Request
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