Research In Good Faith

Article 7 of Civil Code stipulates: “The parties to civil legal relations shall conduct civil activities under the principle of good faith,adhere to honesty,and fulfill their promises.”This is one of the important basic principles of the civil law,the principle of good faith.The principle of good faith originates from Roman law.Originally,it is a contract regulation in the French Civil Code,then became a basic system of obligation law in the Germany Civil Code.Eventually became the basic principle of civil law in Swiss civil law,and it was established as a basic principle in the most countries of the civil law system.In the judicial practice,the application of the principle of good faith is much higher than other basic principles,but its situation is worrying.This article attempts to introduce the principle of good faith.Step one,discuss the relationship between the function of the principle of good faith and other related principles.Step two,explore the condition that how did principal of contradictory behaviors plays an active role to restrict rights in our civil legal system.Step three,provide some reference for the application of the principle of good faith in practice.Contradictory behavior is one of the concrete manifestations of the principle of good faith,so its scope of application should apply to the entire field of civil law.However,the behaviors that contradict one’s previous behavior are not all violations of the principle of good faith.For example,in the negotiation stage before the conclusion of the contract,the parties can be free to change the conditions of the previous contract.After the contract has established,parties shall not change the content of the contract or terminate the contract without authorization,but this is due to the binding force of the contract.On the other hand,according to the article658,except for gift contract which has been notarized,or any gift contract in the nature of disaster relief,poverty alleviation,disability assistance,or any other public interest or moral obligation of which the law precludes revocation,the donor may revoke the gift prior to the transfer of rights to the gift property.To determine if the contradictory behavior violates the principle of good faith,only having the behavior that contradicts,the previous behavior is not sufficient.It needs to consider conjunction with other circumstances.That is to say,if the contradictory behavior violates honesty and credibility,the judgment standard can be divided into two sides:first,there needs to be the existence of contradictory behavior,which is a necessary condition,and the previous behavior of the contradictory behavior must have caused the other party’s legitimate reliance.The subsequent behavior failed the reliance.On the basis of this,determine if the parties have other acts that violate honesty and credibility,besides if other party is particularly worthy of protection based on the specific circumstances of the case.