principle of good faith

The principle of good faith, referred to as the principle of good faith. The principle of good faith requires all market participants to pursue their own interests without harming the interests of others and social welfare.

It is generally believed that the basic meaning of the principle of good faith is that the parties should keep their word, keep their promises, be honest and not cheat, pursue their own interests without harming the interests of others and society, and require civil subjects to keep the balance between the interests of both parties and the interests of the parties and society in civil activities.

As the value pursuit of civil legislation, the principle of good faith does not directly involve the specific rights and obligations of civil subjects, and its nature is highly abstract, which naturally leads to ambiguity. Therefore, the connotation and extension of the principle of good faith are also uncertain, and it is an unformed law.

The reason why legislators set up this "empty basket structure" similar to the big magic bag is to make it live longer. With the development of the times and social environment, a new interpretation of it will naturally make the existing clauses have new connotations and new vitality.

The function of the principle of good faith

Based on the principle of good faith, the Civil Code has established a system to protect trust interests. When the internal meaning of the parties is inconsistent with the expression of meaning, expressionism is adopted. Compared with the establishment of agency by estoppel and agency by estoppel based on its trust, there is a bona fide acquisition system in the change of real right, thus improving transaction efficiency and better safeguarding transaction security.

Further form the content of the main payment obligation of legal relationship, and create subordinate or incidental obligations related to payment, such as care, custody, notification, assistance, etc. And establish pre-contract obligations to avoid infringement of the rights and interests of other parties. Give judges discretion and recognize the role of law in the evolution of judicial activities.