一般条款是在德国的立法创制、司法裁判和学理研究中所经常使用的概念,其自身所具有的抽象性和不确定性导致其内涵模糊,整体样貌无法被准确地把握。从体系的和历史的视角出发,以诚实信用这一典型的一般条款为例,通过理论阐述和发展脉络的梳理,以求对于一般条款获得更加清晰的认识。 The general clauses are the concepts commonly used in German legislation, judicial adjudication and academic research. Their own abstractness and uncertainty lead to ambiguities in their connotations and their overall appearance can not be accurately grasped. From the perspective of system and history, taking the typical general clause of honesty and credit as an example, we can get a clearer understanding of the general clauses by elaborating and developing context through theory.