诚实信用原则法理基础的现实解析

Present Analysis of Foundation of Legal Principle of Bona Fide Doctrine

诚实信用原则又称诚信原则,起源于罗马法中的诚信契约和诚信诉讼。诚实信用原则最初表现为道德的基本要求,逐渐上升为一种法律原则,成为民商事领域的一项基本原则。诚实信用原则作为一个高度概况和抽象的概念,在民商事活动中起着重要的作用。同时,做为一条法律原则,它也同样体现了法的内在理念。在探讨诚实信用原则法理基础之上,得出其对维护市场交易安全、提高民事流转效率、体现公平正义以及构建和谐社会的现实意义。

The honest credit principle calls the good faith principle, origins in the Roman law the good faith contract and the good faith lawsuit. The honest credit principle displays at first for the moral basic request, the gradual rise is one kind of principle of legality, becomes the people trading domain a basic principle. The honest credit principle took an altitude survey and the abstract concept, are playing the vital role in the people trading activity. At the same time, does is a principle of legality, it similarly has also manifested method intrinsic idea. Above the discussion honest credit principle legal principle theory of law foundation, obtains it to maintain the market transaction security, the enhancement civil pasts the efficiency, manifests fair is just as well as constructs harmonious social the practical significance.