| 英文摘要 |
The principle of good faith is the emperor’s clause of the civil code, which is the foundation of interpretation of contract and is applicable to right to claims, right to claim a thing, and right to termination of contract. The function of good faith is to moderate, supplement, and restrict the legal relationship between private parties when they exercise their rights or perform their duties, under the judge’s application of good faith principle so as to reach a fair and just conclusion in specific cases. The cases under the application of good faith is categorized into the following types: the principle of invalidity of rights, estoppel, intervention in the exercise of the other party’s rights, moderation of contract, and supplement of the laws. With regard to standardized contract terms, the good faith is applied to the required period of time for reviewing a contract, the misuse of credit cards, and the pay-off liability of a co-holder of a credit card. |
