合同法视角下的诚实信用原则探析

制定合同法的目的,是为了保护合同当事人的合法权利,维护社会经济秩序,促进社会健康发展。合同当事人的法律地位平等,他们享有意思自治,但不能滥用权利,不能获得非法利益。当事人行使权利、履行义务应当遵循诚信原则。本文从诚实信用原则的概念与功能、诚实信用原则在合同订立和合同效力以及合同履行中的应用出发,阐述了诚实信用原则在合同法中的重要地位。同时,本文也就如何依据诚实信用原则解释合同提出了一些建议。

Analysis of Good Faith in Terms of Contract Law

We draw up the contract law in order to protect the rights of the parties,to maintain the good social and economic order,and to promote the healthy development of the society.The parties have equal status,they enjoy their autonomy, but they can't gain illegal benefit by means of misuse of their rights.The parties should enjoy their rights and perform their duties in accordance with good faith.In this thesis,the author wants to explain the importance of good faith in contract law through the analysis of the following points: the concept and function of good faith;the application of good faith in the formation,the validity and the performance of the contract.Meanwhile,the author makes some advice about how to interpret the contract with reference to good faith.