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A Study Of The Obligation Of Disclosure In The Contract Negotiation

Posted on:2013-01-04Degree:MasterType:Thesis
Country:ChinaCandidate:L Y QiuFull Text:PDF
GTID:2246330392956386Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Since the twentieth century, the principle of good faith has been widely used in the area of civil law. From the beginning the performance which is only limited to contract, it extend to the whole area of civil law. the application of principle of good faith has played a positive role in make up for civil law loophole, balance the interests of the parties. however, The principle of good faith is the legal concept of uncertainty, difficult to determine context, it is difficult to give clear and specific of guidelines for civil subject guidelines, but also to the administration of justice to a large discretion which is not conducive to security and stability of the law. The aim of paper, the evolution of the principle of good faith less briefly at first, analyze the reasons for the widespread use of the principle of good faith and the positive impact of civil law thinking and system. Then, in the framework of civil law applicable to the principle of good faith, the paper study the obligation to disclose information in the first contractual obligations under the principle of good faith, to analyze its content and the theory of transmutation, and to be specific, in order to arrive at the specific applicable rules and systems of obligation to disclose information under the principle of good faith.Finally, the paper will review legislation on obligation to disclose information and suggest improvements, and the response to the request to the reality of the principle of good faith and its application to specific.
Keywords/Search Tags:The principle of Good Faith, The obligation of disclosureThe application of the law, Fraud
PDF Full Text Request
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