诚实信用原则的道德性拷问

The Moral Questions on Good Faith Principle

诚实信用原则素有民法"帝王条款"的美誉,其超然的地位已经深入人心。然而,在诚实信用原则的流变过程中,将其简单视为道德在法律中的固定化和另类表现形式的研究倾向特别值得注意。诚实信用原则不是道德法律化的简单体现,而是现代民法对近代民法极端相信个人智慧的修正,体现了其"社会化"的倾向。

The principle of good faith has always been known as the ＂King terms＂ of Civil law and its transcendent status has been popular.However,in the changing process of good faith principle,the research tendency of simply seeing it as fixed form of moral in the law and alternative form is particularly noteworthy.Principle of good faith is not a simple expression of moral legalization,but the amendment that present civil law makes for modern civil law extremely believes in personal wisdom,which reflects its tendency of socialization.