Compare Chinese law with the principle of best faith under English law.

The differences between the principle of maximum good faith and the principle of good faith in civil law are as follows:

1. The applicable subjects are different, the principle of good faith in civil law applies to equal civil subjects, and the principle of good faith in civil litigation can also be applied to courts;

2. The objects of adjustment are different, the principle of good faith in civil law adjusts civil acts, and the principle of good faith in civil litigation adjusts litigation acts.

The principle of good faith is the highest level, but after all, it is a general principle, and in order to meet the requirements of the entire civil and commercial law system, it is necessary to consider the priority of each department's law, and it is not appropriate to make too strict and detailed provisions.

On the contrary, the reason why the principle of maximum good faith is called "maximum" is not because it is a manifestation of the opposition to the general principle of good faith, but because it is stricter and stronger than the general principle of good faith. Therefore, the principle of maximum good faith is inseparable from its strictness, which is also an important personality basis for obtaining it that is different from the principle of good faith in civil law.

The principle of maximum good faith refers to the principle of good faith in the civil law and the embodiment of the principle of good faith in the insurance law, which requires the parties to insurance activities to fully and accurately inform the other party of the important facts related to insurance.

The principle of good faith, also known as the principle of good faith, requires all civil entities to uphold honesty and goodwill and abide by their commitments when engaging in any civil activity, including exercising civil rights, performing civil obligations, and bearing civil liabilities.

As the most important basic principle of civil law, the principle of good faith is known as the "imperial clause" of civil law, and is a basic principle recognized by civil law of all countries.

It is generally believed that the principle of good faith requires that civil entities engaged in civil activities should be honest and trustworthy, exercise their rights and perform their obligations in good faith, do not deceive or deceive, be consistent with their words and deeds, and keep their promises.

Introduction to the provisions of the law

Article 7 of the Civil Code: Civil entities engaged in civil activities shall follow the principle of good faith, uphold honesty, and abide by their commitments.

1. The principle of good faith requires that when civil entities carry out civil activities, they shall truthfully inform the other party of their own truthful information. Contracts should be concluded and performed in accordance with the principle of good faith. It is required that civil subjects should exercise their rights in a bona fide and lawful manner, and must not obtain private interests by harming the interests of others and society.

When the parties' agreement is unclear or there is a major change in the objective circumstances after the signing of the contract, the rights, obligations and responsibilities of the parties shall be determined in accordance with the principle of good faith.

2. In terms of judicial application, the principle of good faith requires that judges be able to correctly understand, interpret, and apply the law quickly based on the concepts of good faith and fairness. Judges can realize the continuation of the law and fill the loopholes through the principle of good faith, and provide a legal basis for new social conflicts of interest and problem solving. When there are loopholes in the contract and the contract clauses and contract regulations cannot be interpreted, the judge can also fill the loopholes in the contract by applying the principle of good faith and balance the interests of civil subjects.

The principle of Chenggao Swift Credit in the relevant laws and regulations is not only a simple sale of confidentiality, but also requires proper performance and collaborative performance, as well as active performance of the contract, which are all manifestations of good faith. In the process of performing the contract, the principle of honesty and trustworthiness is violated, and it is necessary to bear the corresponding responsibility.

The specific content is:

1. Any party should be honest with others and consumers, abide by promises, and pay attention to credit.

2. The parties shall exercise their rights in good faith, fully respect the interests of others and the interests of society while obtaining benefits, and shall not abuse their rights and cause harm to others.

3. The parties shall perform their obligations in good faith and faith, and shall faithfully perform the obligations set out in the agreement.

According to the requirements of the principle of good faith: the parties should at least do the following when performing the contract:

1.The debtor may not perform a contract that it knows is harmful to the creditor, in which case the creditor may request rescission of the contract;

2.In a contract with an obligation to pay a specific thing, the debtor should take care of the good manager and keep the thing properly before delivering it;

3.In the event of force majeure or other reasons that cause the contract to be unable to be performed or cannot be performed according to the predetermined conditions, the debtor shall notify the creditor in a timely manner so that the two parties can negotiate to deal with the contract debts;

4.In the absence of a clear provision in the contract on a relevant matter, the debtor shall perform reasonably in accordance with the principle of fairness and taking into account the factual situation.

The specific content is:

1. Any party should be honest with others and consumers, abide by promises, and pay attention to credit.

2. The parties shall exercise their rights in good faith, fully respect the interests of others and the interests of society while obtaining benefits, and shall not abuse their rights and cause harm to others.

3. The parties shall perform their obligations in good faith and faithfully perform the agreed obligations.

According to the requirements of the principle of good faith: the parties should at least do the following when performing the contract:

1.The debtor may not perform a contract that it knows is harmful to the creditor, in which case the creditor may request rescission of the contract;

2.In a contract with an obligation to pay a specific thing, the debtor should take care of the good manager and keep the thing properly before delivering it;

3.In the event of force majeure or other reasons that cause the contract to be unable to be performed or cannot be performed according to the predetermined conditions, the debtor shall notify the creditor in a timely manner so that the two parties can negotiate to deal with the contract debts;

4.In the absence of a clear provision in the contract on a relevant matter, the debtor shall perform reasonably in accordance with the principle of fairness and taking into account the factual situation.

The principle of good faith is also known as the principle of good faith, the principle of good faith is to require all participants to pursue their own interests without harming the interests of others and social welfare, if there is a violation of the principle of good faith and caused the loss of others, you need to bear a certain amount of liability for compensation.

On the status and role of the principle of good faith in civil law: the principle of good faith is an important basic principle in the field of civil law, in modern civil law, the principle of good faith plays an important role, as a moral principle in market economic activities, is regarded as the highest guiding principle of modern civil law. For cases that the legislator has not foreseen, this principle can be used to supplement the legal loopholes, so that the laws and adjudication of Peicha can adapt to the development and changes of society, so as to make the civil law more perfect and the system more sound.

The principle of good faith refers to the basic principle that civil entities carrying out civil activities must be honest, bona fide, exercise their rights without infringing on the interests of others and society, fulfill their obligations, abide by their commitments and legal provisions, and ultimately achieve all activities to obtain civil benefits, which should not only balance the interests of the parties, but also balance the interests of the parties and society.

Legal basisArticle 4 of the General Principles of the Civil Law stipulates that civil activities shall follow the principle of good faith. The principle of good faith is the reflection of market ethics and morality in civil law.

The principle of good faith requires the parties to be honest, trustworthy, and cooperate with each other in the whole process of concluding and performing the contract, as well as after the contract is terminated. The principle of good faith specifically includes: first, when entering into a contract, there shall be no fraud or other acts contrary to good faith; Second, when performing contractual obligations, the parties shall follow the principle of good faith and perform their obligations of timely notification, assistance, provision of necessary conditions, prevention of loss expansion, and confidentiality in accordance with the nature and purpose of the contract and transaction customs; Third, after the termination of the contract, the parties should also follow the principle of good faith and perform the obligations of notification, assistance, confidentiality and other obligations according to the transaction customs, which are called post-contractual obligations.

The significance and function of the principle of good faith as a basic principle of the Civil Code mainly include the following aspects: First, taking the principle of good faith as a code of conduct to guide the parties to the contract to conclude and perform the contract is conducive to protecting the legitimate rights and interests of the parties to the contract and better fulfilling the contractual obligations. Second, if there is no agreement in the contract or the agreement is not clear and the law does not provide for filial piety, it can be interpreted according to the principle of good faith.

Article 143 of the Civil Code: Civil juristic acts that meet the following conditions are valid: (1) The actor has the corresponding capacity for civil conduct; (2) The expression of intent is true; (3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs. Article 144:Civil juristic acts carried out by persons lacking capacity for civil conduct are invalid.

Article 146:Civil juristic acts carried out by the actor and the split counterpart with false expressions of intent are invalid.

In China's civil legislation, several basic principles of civil law have been established: the principle of equality, the principle of voluntariness, the principle of fairness, the principle of good faith, the principle of abiding by the law, and the principle of public order and good customs.

Correct] China's civil legislation has established the following basic principles of civil law: the principle of equality, the principle of voluntariness, the principle of fairness, the principle of good faith, the principle of abiding by the law, and the principle of absolute public order and good customs.