Study on the Judicial Application of the Green Principles in Contractual Codification
Since the"Civil Code"established the Green Principle as a basic principle,the courts have continuously tried to enrich the connotation of the Green Principle in specific cases and presented different judicial applications of the Green Principle at different stages of the contract.By applying the Green Principle to different stages of the contract,a new path of applying the Green Principle to resolve contractual disputes has been opened up.However,the court in the applica-tion of the green principle to resolve contract disputes also exists in the determination of the validity of the contract scale is not the same,the amendment of the liability for breach of contract is not allowed,the right of restitution is overly restrictive problem.These problems can not only hope for the court's self-adjustment,but also should put forward specific measures to solve the problem so that the green principle can be applied more accurately in different stages of the contract.
Green principleContractual disputesJudicial applicationIntensity of amendmentDegree of restriction
万方数据
维普
