“善良之人”与“诚实信用”

Good Man and Good Faith

在罗马法中,"善良"在法中扮演着使法成为"善良与公正的艺术"的角色。"善良之人"和"诚实信用"在罗马法系的民法传统中是两个关系密切的概念。诚实之人意义上的善良之人的标准,以及合同法中的诚实信用原则,已经成为债与合同法领域实现正义的一个原则。

The role of ＂good＂ in the Law is a perspective to develop a model of Law as ＂art of good and equality＂ in the sense of Roman Law. The relation between the two concepts of ＂good man＂ and ＂good faith＂ in the civilian tradition of the Roman Law System is quite close. This model of the good man in the sense of honest man and the principle of good faith in the law of contract have been perceived as a principle of justice in the Law of obligations and contracts.