Civil Code Basic Principles Interpretation (Revised Edition)

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, aiming to reveal the rich political, economic, philosophical, and cultural information embedded in 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 the boundary between legislative and judicial power; it is the fundamental view of the legislator on human nature; it is the legislator's assessment of their own cognitive abilities.