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A Comparative Study of the traditional moral integrity and the modern civil law principle of good faith

Author: LiuHaiWei
Tutor: FangLiuFang
School: China University of Political Science
Course: Legal
Keywords: Ethics and integrity The principle of good faith Reputation mechanism Legal mechanisms
CLC: D923
Type: Master's thesis
Year: 2010
Downloads: 103
Quote: 0
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Abstract


With the terms of the King to establish the status of the principle of good faith in civil law jurisprudence on the principle of good faith enriched up . But careful combing of the recent research results , you will find most of them level up to just put the law of the principle of good faith analysis . Most of the so-called research is quoted , introduction, translation or copy foreign research results, which do not form a more complete research system for the local principle of good faith . For the principle of good faith and moral integrity as a value -based studies are few. The principle of good faith and the alienation of other relevant disciplines is increasingly obvious. This attempt to use research methods in economics , sociology and jurisprudence from a unique side cut into the current of our civil law principle of good faith to do a more systematic comparative analysis and interdisciplinary research . Firstly, from the perspective of economics and sociology , the analysis of ethics and integrity in the promotion of contractual transactions , reduce transaction costs , reduce the effect of speculative behavior . Pointed out that the moral integrity not only is the premise of the deal , but also reduce transaction costs, weaken the invisible incentives for speculative behavior . Then, from the concept, meaning , there is the difference between the basis and other more traditional moral integrity and the modern civil law principle of good faith , and then put forward the unique effectiveness of the principle of good faith in commercial transactions . Finally, in conclusion , the paper pointed out that in order to improve our credit system , improve the integrity level of the people , we should proceed in two ways : First, the legal mechanism is built based on the principle of good faith . Second, improve the reputation mechanism based on ethics and integrity .

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