Research On Bona Fide Determination Standards In The Field Of Commercial Transactions

Due to the fact that the discussion of bona fide determination in the field of commercial transactions is mostly scattered in each specific commercial system and rarely discussed from the whole,the standard of bona fide determination in the civil field cannot provide guidance to the field of commercial transactions,and the demand of the field of commercial transactions for a unified standard of bona fide determination,the commercial field should combine the principles of externalism and the principle of internal and external distinction.The connotation and abstract standard of bona fide recognition in the field of commercial transactions are obtained.To be specific,the connotation of good faith in the field of commercial transactions should not be confined to the definition of subjective states such as "ignorance" and "fault",but pursue a kind of trust psychology based on the appearance of facts.Such appearance facts include subject appearance and behavior appearance.In the field of commercial transactions,the determination of the good faith of the counterpart or the third party is based on whether the trust psychology generated by the external facts is reasonable.In other words,as long as the counterpart’s reliance on the appearance of a certain subject or behavior is reasonable,it should be identified as good faith.Moreover,the counterpart or third party bearing the strict examination obligation shall bear the adverse consequences of failing to prove the rationality of reliance,while the counterpart or third party bearing the general duty of care shall not bear the burden of proof.