摘要
诚实信用、公平是现代民法的基本原则和价值基础,是其他民法规则的内核,诚实信用原则更被称为“帝王条款”。在与合同有关的民事法律行为中,从合同的协商、订立、履行到合同的终止、解除或善后,诚实信用原则、公平原则均对相应条款的形成和适用发挥着至关重要的作用。合同解除是合同之债终止的原因之一,是合同履行过程中由于发生合同约定或法律规定的事由,合同双方当事人在合同尚未履行完毕的情况下提前终止履行合同的一种民事法律行为。解除合同在现今的法律实务中十分常见,在很多有关合同关系的诉讼场合中被适用。但从本质上说,合同的解除是合同履行的例外情形,对其的适用应当更严格的遵守诚实信用原则、公平原则。只有本着诚实信用、公平的原则解除合同,一个即将失衡的合同关系才能恢复到公平的状态,行使合同解除权的合同一方才能真正达到自己的诉讼目的,并最大限度地避免诉讼风险。
Good faith and fairness are the basic principles and value basis of modern civil law, and the core of other civil law rules. The principle of good faith is more known as the “emperor clause”. In the civil legal acts related to the contract, from the negotiation, conclusion and performance of the contract to the termination, cancellation or aftermath of the contract, the principle of good faith and the principle of fairness play a vital role in the formation and application of the corresponding provisions. Contract termination is one of the reasons for the termination of the contract debt. It is a civil legal act of both parties to the contract to terminate the performance of the contract in advance when the contract has not been completed due to the occurrence of contractual or legal reasons during the performance of the contract. Rescission of contract is very common in current legal practice, and is applied in many litigation situations related to contractual relationship. But in essence, the dissolution of the contract is an exception to the performance of the contract, and its application should more strictly abide by the principles of good faith and fairness. Only when the contract is terminated in the principle of honesty, credibility and fairness can a contract relationship that is about to be unbalanced be restored to a fair state, and the party exercising the right to terminate the contract can truly achieve its own litigation purpose and avoid litigation risks to the maximum extent.
出处
《法学（汉斯）》
2023年第3期1866-1871,共6页
Open Journal of Legal Science
