On The Contract Law Principle Of Good Faith

In the field of civil and commercial law, scholars are defining the principle of goodfaith to be "the emperor clause", some scholars have called it the concept of "ghost." Asa basic principle, the principle of good faith has a significant importance for thedevelopment of the theory of contract law and related systems; it is the key motivationof the formation, foundation and development of many theories and systems. Theprinciple of good faith has played a very big role in the practice of contract law. Fromagreement to complement, from contract interpretation to changes of contractinterpretation, from the main contractual obligations to the accompanying obligations,the status of the principle of good faith is irreplaceable. The establishment of obligationof mistake agreement, the implement of honest interpretation rules, the contract toprotect the interests of the trust, etc, is all alluding to the principle of good faith’sexistence.We based this paper on the basic theory and legislations example of good faithfrom the contract law. We examine its nature and function, point out the concept’suncertainty extension and the rich connotation of the principle of good faith. In addition,from comparative law, we discuss the principle of good faith in all countries in theapplicable contract law, sum up the principle of good faith in contract law in our judicialpractice, and analyze the typical case, which reveals the problems in the applicability ofcontract law.