Examining the Principle of Good Faith in Chinese Judicial Practice with a Focus on the New Civil Code (Enacted in 2021)
Subject Areas : Civil Law
1 - Phd student of private law, Department of Law, Faculty of Literature and Humanities, Gilan University, Rasht, Iran.
Keywords: Good faith principle, Chinese legal system, private law, global developments,
Abstract :
One of the important legal principles in law, especially in the realm of contracts, is the principle of good faith. In the Chinese legal system, both in previous laws and in the new Civil Code enacted in 2021, good faith is recognized. Chinese courts have no specific limitations based on the principle of good faith and sometimes consider the concepts of good faith and fairness to be interchangeable. In the Chinese legal system, the duty of good faith is not limited to the stage of contract execution, but both parties are obliged to observe good faith in all stages of a contractual relationship, from pre-contractual negotiations to contract dissolution and rejection of substitutes. The new Civil Code of China is the first comprehensive and complete law in the field of private law in China, which is derived from numerous past special laws but has many innovations in the field of contracts and contemporary issues such as environmental protection, smart contracts, etc. Therefore, it can be said that it is a pioneering and up-to-date law in this regard.
1. Amini, M and Yahya E. (2011). Good Faith in Contracts: From Theory to Practice, Comparative Law Quarterly, Vol. 2, No. 2, p. 23. [In Persian]
2. Boroujerdi, M. (2013). Civil Law, Moj Publications. [In Persian]
3. Ansari, A. (2012). Theory of Good Faith in Contracts: A Comparative Study in Iranian Law and Contemporary Legal Systems, Jungle Publications. [In Persian]
4. Shiravi, A. (2021). Chinese Civil Code, Shahre Danesh Publications. [In Persian]
5. Chinese contract law (ccl)1999.
6. Chinese civil law 2021.
7. Evan m and qaio l,(2006). good faith in contract performance in the chinese and common laws.
8. .E.g., hohn h. Matheson. Convergence, culture and contract law in china, 15 minnesota gournal of international law.
9. Liang h.(1994). good faith principle and gap-filling, chinese journal of law.
10. Lu yongfang v.(2013). taichang city china life insurance co ltd, suzhonipc.
11. Lou g and liu .(1995). limitis to the principle of freedom of contract and relation ship with the principle of good faith,peking university law journal.vol.6.
12. patricia p and Daniel h. (2000). themountains are high and the emperor id far away:sancity of contract in china , American business law journal.
13. shen d, xi xiaomin .(2008). understanding and applying the spc interpretation II on contract law
14. xu, g.(2002). two nots on the principle of good faith,chinese journal of law,vol4.
15. Liang h.(1994). good faith principle and gap-filling, chinese journal of law,vol.2.
16. yamseng p.(2013).international corporation ltd v.
