신의칙의 본질적 요소와 신의칙 적용방법의 체계화
Conceptualization of Good Faith and Systemization of Application Method
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The good faith doctrine could be a useful tool of the law application and the interpretation of law and contract. But there may be also a risk of impairing the legal consistency. By this reason they tried to categorize and systemize the type and legal theories on the violation of good faith doctrine in many countries. They made an much effort to do so in order to secure the legal consistency. What is the conceptual characteristics of good faith? The phrase of good faith is used in a variety of contexts. Meaning of good faith is defined in UCC 1-201(2) as “honesty in fact” and “reasonable commercial standards of fair dealing in trade” And further more various conceptual characteristics of good faith including the honesty and fairness should be deduced from the concept of good faith which has been used as legal standards of judging whether they violate the good faith doctrine. The categorizing of the good faith concept and its judgement type or methods are the first target in this paper. Through analyzing of good faith cases and related cases, we can find some conceptual characteristics of good faith. For example, 1)good faith character(that is composed of honesty and fairness), 2)non-expectation possibility, 3)social acceptance possibility,4)justice or equity and etc. Violation of good faith doctrine has been categorized and systemized according to the type of the conceptual characteristics of good faith.
Abstract
The good faith doctrine could be a useful tool of the law application and the interpretation of law and contract. But there may be also a risk of impairing the legal consistency. By this reason they tried to categorize and systemize the type and legal theories on the violation of good faith doctrine in many countries. They made an much effort to do so in order to secure the legal consistency. What is the conceptual characteristics of good faith? The phrase of good faith is used in a variety of contexts. Meaning of good faith is defined in UCC 1-201(2) as “honesty in fact” and “reasonable commercial standards of fair dealing in trade” And further more various conceptual characteristics of good faith including the honesty and fairness should be deduced from the concept of good faith which has been used as legal standards of judging whether they violate the good faith doctrine. The categorizing of the good faith concept and its judgement type or methods are the first target in this paper. Through analyzing of good faith cases and related cases, we can find some conceptual characteristics of good faith. For example, 1)good faith character(that is composed of honesty and fairness), 2)non-expectation possibility, 3)social acceptance possibility,4)justice or equity and etc. Violation of good faith doctrine has been categorized and systemized according to the type of the conceptual characteristics of good faith.
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