論允諾.pdf

1、華中科技大學(xué)碩士學(xué)位論文論允諾姓名：張娟申請(qǐng)學(xué)位級(jí)別：碩士專業(yè)：經(jīng)濟(jì)法學(xué)指導(dǎo)教師：易繼明20050430IIAbstract Rebuild the system of good faith has been the subject of this epock , and the settling of the good faith crisis will be the best road to build our nomocracy

2、.In this article, The main matter is discussing and researching on the essence matter of the “good faith”----“promise” by a new point of view. Firstly, I summarized the debt theory of ancient Greece and the contract the

3、ory of ancient Rome; Then I comparatived the reasons why a promise can be forced to complete in Hesperian and Chinese culture. Then I conclude that the reasons are based on four points:1.The Common Law Consideration and

4、the Cause in the Continental Law ;2.The trust the promise have on the promisor;3.The Justice and the Good Faith require. Secondly, I have discussed the Offer and Promise and the correlation principle, then I bring forwar

5、d two points of views that are differ from the traditional Civil Law theory:1.The Offer and the Promise are two “promise” essentially, They’re all to ensure others what he will or won’t do ;2.If either of the promisor di

6、sobey his pledge, then must toe the mark----the liability of breach of contract or the breach of faith. Thirdly , I have discussed the “promise” from the lay of ethic and morality between the Hesperian and Chinese cultur

7、e. We must learn from the Hesperian the legal obligation that’s forced on promise. Lastly, I have done much research on the civil law and contract law , I discussed how “promise” act in this field, and what on earth is t

8、here something connection lies between the “promise” and the “contract” and “contract law”. At the end of the article, after discussing the connection between Good Faith and our nomocracy ,as a conclusion I bring forward

9、 4 advice as : 1.strengthen the moralizing on people ‘s education;2. constitute and perfect the law system about the “good faith”;3. then accelerate the belief of the law coming into being; 4.study the credit manage mech