Good Faith in the Civil Law of Contracts

26 de mayo de 2014    |  

Hans-Bernd Schäfer speaks of the Good Faith principle, a debated ground rule that exists within contractual law in many countries, despite its rejection as a legal principle in civil court. The Good Faith principle is dogmatic and comprehensive, and not as narrow as other such applied exceptions to existing norm. Even without a contract, Schäfer states, there should be some agreement between two parties that holds both accountable to certain reasonable duties. The main disadvantages to the Good Faith principle include: risks of imparting ideology, judicial activism, and the use for purposes for which law is not properly designed. Cases of difference between Anglo-Saxon and European law, however are among potential beneficial implementations. When employed carefully and as a mechanism of last resort, the Good Faith Principle is a tool of worldwide use with several reasonable applications.


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Universidad Francisco Marroquín