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Inspection of Public Order and Good Custom Principle at Bequeath

Author: XiaoYuChao
Tutor: QiEnPing
School: Tianjin University of Commerce
Course: Civil and Commercial Law
Keywords: Bequest Public order principle of good morals Social order Goodcustoms
CLC: D923
Type: Master's thesis
Year: 2012
Downloads: 184
Quote: 0
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Public order good morals principle is modern civil law is an important concept of law and legal principle, as a very abstract principle of civil law, civil law countries though different extent stipulated the public order is common, but in fact in the judicial field, because good morals public order the application of the principle of no clear the judgment standard, tend to appear the same case different sentence awkward situation. So the public order of good morals judgment standard problem has become law theoretical and practical circles the focus of the discussion. This article from the specific case, by starting a social perspective bequest hot problems, and explores the public order which caused by the principle of good morals value conflicts, and to find the public order for good morals principle of substantive law standard, the principle to determine the clarity of the applicable and stability, and give full play to the social life of civil law standard function.Introduction of expatiating the public order of the principle of good morals significance, and introduces the paper writing background, significance, the current research situation and the problems to solve.The first chapter of "the case and the introduction of the evaluation". Through the analysis of the specific case, a bequest of public order is good morals principle with problems, this paper illustrates the civil law theory, legislation and judicial practice clear public order of the importance of good morals is the principle.The second chapter "bequest of public order by good morals principle value conflicts". In the case of reflected the freedom value and the order value, social order and good customs, legal and rational, and other aspects of the conflict has made the detailed analysis and research, to the substantive law in bequest from public order to solve good morals the application of the principle to provide the theory basis.Chapter3"legacy public order in good morals is the principle of substantive law standard". The property of the bequest of distinction and disposal, bequest motives and behavior of the condition as well as the typifications problems presented their views.The fourth chapter "bequest of public order is good morals of the principle of value judgement and interest measure".The authors put forward end substantive law principles and supplem ent functions,value measurs of universality and fairness,proportion principle and methods of social utility.Conclusion of the full text of the summary further, and points out that the legacy of public order in good morals principle and method of applicable way analysis and research, is helpful to perfect the principle of civil law system, and guide the legislative and judicial practice, strengthen the clarity of the civil law standard and stability.

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