Title: On Civil Law Principles Implicating the Value of Orientation
Abstract: Indicating comprehensive and abstract civil law tenets and norms which may be taken as the base, origin and starting point of civil law regulations, civil law principles, the externalization of civil law standard value orientation, are the important constitutional factors of civil law. Modern western civil law principles include of ownship , freedom of contract , and fault liability with the character of absolute individual standard. Later, good faith , of prohibiting right abuse and so on are added along with the development. The civil laws in former Soviet Union and the former socialist countries in eastern Europe mostly adopt the principles with the character of social standard. Most of the basic principles in The General Rule of the Civil Law in China belong to the principle with individual standard, having the tendency with apprehension of society and state. Due to the appearance of monopoly, the modern civil law in the western countries has begun to take the social priciple. Civil society and market economy require that the civil law principles should take private subject right as the standard.
Publication Year: 2008
Publication Date: 2008-01-01
Language: en
Type: article
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