Civil and Commercial Law Frontiers. Issue 2

Author: Yang Lixin
Publisher:
Publish Date: 2004-03-01
Features: Wang Liming. The principle of public order and good morals is a fundamental principle in civil law, and some scholars even call it the supreme principle. This principle reflects the common interests and moral standards of all members of society in the law, thus playing a vital role in maintaining the basic principles and order of the entire society. Its core content emphasizes the harmony and unity of individual interests and social interests. Therefore, the principle of public order and good morals holds a particularly important role in modern civil law. Hence, this article aims to offer some opinions on this matter.
1. The Concept of Public Order and Good Morals
Public order and good morals are composed of two concepts: "public order" and "good morals." In the French Civil Code, the two are collectively referred to as public order and good morals. ② In the German Civil Code, only "good morals" is mentioned. The People's University of China Law School Professor, Vice Dean, Director of the Legal Research Center for Civil and Commercial Law, and Member of the Legal Committee of the National People's Congress -① Zheng Wubo: "General Principles of Civil Law," Taiwan Sanmin Book Company, 1979 edition, p. 338. ② The French Civil Code Article 6 states: "No one may, by special agreement, violate the laws concerning public order and good morals." Japan's Civil Code also adopts this provision. See (Japan Civil Code Article 90.