Civil Law Basic Principles Interpretation:

Author: Xu Guodong
Publisher:
Publish Date: 2004-09-01
Features: This book attempts to study civil law issues using the methodology of legal philosophy. The author takes the fundamental principles of civil law as a microscopic point, striving to reveal the rich political, economic, philosophical, and cultural information contained within this system. The main focus is on the study of the "emperor clause" of civil law—the principle of good faith—demonstrating its history, evolution across different legal systems, philosophical and reasons for power allocation, as well as its application in judicial practice. The conclusion drawn is that the issue of civil law fundamental principles is essentially the boundary between legislative and judicial power; it is the fundamental view of human nature held by lawmakers; it is the assessment lawmakers make of their own cognitive abilities.