A Study on The Principle of Good Faith in Civil Law－Focus on The Theory of Estoppel by Waiver
| Autor: | Chian-Huei Hung, 洪千惠 |
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| Rok vydání: | 2013 |
| Druh dokumentu: | 學位論文 ; thesis |
| Popis: | 101 The principle of good faith (Treu und Glauben) provisions is in Item No. 2 of Article 148 in the Civil Law of Taiwan, it is considered by scholars to achieve the highest guiding principle of fairness and justice law. Therefore, even if the provisions in the Civil Code not limited to, all areas of the law are to be bound. However, the principle of good faith, the law expressly, but a closer look at the specifications of the context, not as other law generally set clear the constituent elements of the legal effect of the provisions are highly abstract, and thus retain the applicable flexibility in the face contribute to the lack of supplementary Acts amending the law. Besides, the development of the specification does not suit to the social changes of the modern legal practice, and it will face the dilemma due to the law is not completed. In order to solve this problem; at the same time, however, it may produce the principle of good faith flow abused, and it may effect the stability of the legal and clarity. This abstract nature of the principle of good faith, must be established through a specific process of secondary concept, in order to solve the aforementioned problems may arise. The theory of estoppel by waiver (Verwirkung) system that is developed through the process of good faith and to adjust the indolent rights to take a substantial period of time for the non-used of the rights, their rights no longer advocate in the legal system. This system is to explore the necessity of following the creation by German doctrine, based on the legislators not be expressly formulated under the meaning of the theory and its existence must be explored for our doctrine and practice. Therefore, this article is by the observation and analysis of the legal judgments, and we try to practice insights based on the loss of the right to object to be typed, and review of the insights of the pros and cons of the various types of practices. We are looking forward to provide more rights to theory of estoppel by waiver in clear criterion, and thus contribute to the use and operation of this theory. |
| Databáze: | Networked Digital Library of Theses & Dissertations |
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