@article{ART002290330},
author={Lee Hye Jin},
title={Principle of trust and good faith as a primary one of civil laws - focused on applying it in Civil Procedure},
journal={DONG-A LAW REVIEW},
issn={1225-3405},
year={2017},
number={77},
pages={33-77}
TY - JOUR
AU - Lee Hye Jin
TI - Principle of trust and good faith as a primary one of civil laws - focused on applying it in Civil Procedure
JO - DONG-A LAW REVIEW
PY - 2017
VL - null
IS - 77
PB - The Institute for Legal Studies Dong-A University
SP - 33
EP - 77
SN - 1225-3405
AB - The principle of trust and good faith(hereinafter “the principle”) is that the exercise of rights and the performance of duties shall be in accordance with the principle of trust and good faith.
The origin of the principle can be found in Roman law, which was first prescribed in French Civil Act as a modern private law, and after that, it was introduced to Japanese and Korean Civil Acts via German and Swiss Civil Acts.
Since the introduction of the principle in civil act, it has expanded its domain not only in contract law, but also in commercial laws, labor laws, tax laws and administrative laws, etc.
The principle was stipulated in Civil Procedure Act of 1990 revision for the first time. But before the 1990 revision, the court had applied it in many cases, and now we can see many examples.
There can be characterized by four types applying it in civil procedure, which are wrongful formation of litigation conditions, estoppel in litigation, lapse and abuse of the right to bring an action.
Of course, distinguishing each type is not clear and one case can be covered by several categories. The court sometimes applies or excludes the principle considering circumstances combined to similar-looking cases. In addition, it is not easy to distinguish the principle of civil procedure from that of substantive act.
In this paper, the reason why the principle has been prescribed in Civil Procedure Act notwithstanding the existing stipulation of Civil Act and differences between procedural and substantive ones, are treated.
In addition, by analyzing and categorizing the concrete cases which are appling the principle, the characteristic which cases the court applied the principle is presented.
Thus, I hope, this paper will give you a guideline whether to apply the principle to related cases in courts.
KW - Principle of trust and good faith;Principle of prohibition of abuse of rights;Wrongful formation of litigation conditions;estoppel in litigation;Lapse of the right to bring an action in a court;abuse of the right to bring an action in a court
DO -
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Lee Hye Jin. (2017). Principle of trust and good faith as a primary one of civil laws - focused on applying it in Civil Procedure. DONG-A LAW REVIEW, 77, 33-77.
Lee Hye Jin. 2017, "Principle of trust and good faith as a primary one of civil laws - focused on applying it in Civil Procedure", DONG-A LAW REVIEW, no.77, pp.33-77.
Lee Hye Jin "Principle of trust and good faith as a primary one of civil laws - focused on applying it in Civil Procedure" DONG-A LAW REVIEW 77 pp.33-77 (2017) : 33.
Lee Hye Jin. Principle of trust and good faith as a primary one of civil laws - focused on applying it in Civil Procedure. 2017; 77 : 33-77.
Lee Hye Jin. "Principle of trust and good faith as a primary one of civil laws - focused on applying it in Civil Procedure" DONG-A LAW REVIEW no.77(2017) : 33-77.
Lee Hye Jin. Principle of trust and good faith as a primary one of civil laws - focused on applying it in Civil Procedure. DONG-A LAW REVIEW, 77, 33-77.
Lee Hye Jin. Principle of trust and good faith as a primary one of civil laws - focused on applying it in Civil Procedure. DONG-A LAW REVIEW. 2017; 77 33-77.
Lee Hye Jin. Principle of trust and good faith as a primary one of civil laws - focused on applying it in Civil Procedure. 2017; 77 : 33-77.
Lee Hye Jin. "Principle of trust and good faith as a primary one of civil laws - focused on applying it in Civil Procedure" DONG-A LAW REVIEW no.77(2017) : 33-77.
