|
This article through to the civil law is used in the concept of "goodwill" in different situations of different semantics, found that there were significant difference between the two, but no enough attention in the legal research. Concept has its special function of the law, through the concept can be expressed an academic consensus, and facilitate subsequent academic research. In reality in our country legal science of goodwill must according to the consensus of no agreement, in this paper, in combination with historical development process of bona fide possession in good, explore the law of the consensus, which is the basis of the goodwill by consensus, on the basis of goodwill, the definition of the connotation and denotation in detail of goodwill in the external relationship between existence has its own value, cannot be replaced by good faith, on the basis of the role of goodwill in civil law is divided into two levels: in possession as a typical representative of system, benign role is just a kind of right protection of defense function, its main role is to protect the interests of the original; In good faith as typical third party system, the role of goodwill is not as big as scholars say, to protect the transaction security and transaction security protection of goodwill only is a factor, the function of trading safety play also rely on other factors.
|