On Contracts Offending Public Order and Good Morals——Centred on Article 17 of The Interpretation of the Book Three Contracts
The Interpretation of the Book Three Contracts further enriches and improves the provisions of Article 153 of the Civil Code on the invalidity of civil juristic act that offends the public order and good morals is void.Public order or good morals are highly abstract and general,while mandatory provisions of laws and regulations are specific.Therefore,Article 17 of the Book Three Contracts requires that the provisions of Article 153(1)of the Civil Code on the invalidity of mandatory provisions that offend laws and regulations should be applied in priority.As public order and good morals as an indeterminate concept needs to be typi-fied,the Article typifies the violation of public order or good morals.A dynamic systematic approach is applied to provide guidelines for the court to determine public order and good morals,which is conducive to the unifi-cation of the rules of adjudication,safeguarding the reasonable expectations of the parties to the transaction and preserving the autonomy of meaning.Since public order and good morals centrally embodies the core socialist values,according to this Article,the core values should be used as the value judgement in the applica-tion of public order and good morals,and the application standard of public order and good morals should be unified by the core values.
Violation of public order and good moraltypologydynamic system theorycore values
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