| 英文摘要 |
Article 72 of the Civil Code, which monitors juridical acts via public order or good morals, originated from the Roman law and became the common legal practice in each jurisdiction. The details of public order or good morals vary due to differences in each social system and evolutions of social thoughts and generations. Regarding juridical acts that become void because of violation of public order or good morals, the judgment criteria are not based on specific legal rules, but on the value system (public order) or extra-legal ethical order (good morals). With respect to the interpretation of the public order or good morals clause, judged from the long-term observation on academic and judicial practices, it has developed from horizontally integrating legal system’s internal (public order) and external (social morals) rules into vertically integrating such system’s upper (the Constitution) and lower (the Civil Code) levels of rules. In the meantime, the said integration density has been strengthened and its development refined. For those relating to realize constitutional values as well as safeguard human relations, economic order and legal framework, some stable judgement standards have formed due to the evolving judicial practice, which not only demonstrates the features of diversity and openness but also shows the close bond between theory and practice. |
