On Public Interests in Chinese Civil Law——Centered on contract law
Zhong Rui-dong
Abstract
Zhong Rui-dong
Abstract
Public interests is an open and uncertain notion in the law,equivalent to the principle of public order and fine custom in traditional civil law,has the nature of general clauses and belongs to loophole within law,which must be filled according to the basic right(effect upon the third person) stipulated by the constitution.Contract law defines public interests in a different way and has a different starting point from law of things.In contract law,categorization of public interests is far from necessary and possible while in law of things,it is feasible and necessary.
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Public interests is an open and uncertain notion in the law,equivalent to the principle of public order and fine custom in traditional civil law,has the nature of general clauses and belongs to loophole within law,which must be filled according to the basic right(effect upon the third person) stipulated by the constitution.Contract law defines public interests in a different way and has a different starting point from law of things.In contract law,categorization of public interests is far from necessary and possible while in law of things,it is feasible and necessary.
Key concepts: Public law, Private law, Civil law (Civil law), Law, Commercial law, Municipal law, Comparative law, Constitution