On the Substantiation of the Public Order and Good Morals of Article 72 under Taiwan Civil Code

“Public order and good morals”This is not only a legal concept that widely used in the field of civil law, but also plays an important role in the entire legal system. Besides, judgments of our courts which is involving the public order and good morals are also numerous. However, the so-called“public order and morals”is a kind of general clause,which has the characteristic of highly abstract and uncertain. Judges have a great discretion to apply it to certain case, even almost depends on the judge''s own judgment. To make the results of judgments predictable for people and to prevent judges from arbitrary,it is important to describe the concept of“public order and good morals”, so as to substantiate it,which is also the main issue of this article. Nevertheless ,studying on all the provisions related to public order and good morals is a vast project, not yet a writer can afford it.Therefore,this article would focus on researching the substantiation of the public order and good morals of article 72 under Civil Code. Concerning the method of substantiation,to some extent,is classifying.Which means to summarize individual cases and compare each of it, in order to compose different types for reference. This article would not distinguish public order and good morals while analyzing the judgments relate to article 72 of Civil Code. Because public order and good morals cover both in the sense of a great part of the overlap, and it is a supplement to each other.Moreover, the courts also almost not differentiate it.You would find it''s hard to distinguish it,and meaningless. After referring to theory and practice on domestic and international, and analyzing the judgements of our courts,i tried to establish my own categories of case groups and discuss some controversial or significant cases. In addition,i found that our courts frequently use Benefit Measurement Method to decide if juridical acts in individual cases fit in with public order and good morals.However,in most cases, the court did not elaborate the basis and reason to their judgments.As for it,i put forward my criticism and opinions as this article''s conclusion.