|    
Initial credits
00:06    |    
Introduction
01:53    |    
Good faith as a legal principle
A source of important debate
03:48    |    
Uses and benefits to the Good Faith principle
A comprehensive and dogmatic structure
Culpa in contrahendo
Agreements beyond contractual law
10:46    |    
Further development of the Good Faith principle
11:39    |    
Disadvantages to the Good Faith Principle
Risks of imparting ideology
Judicial activism
Use for purposes not comprehended by existing law
The Hayekian disadvantage
18:43    |    
Cases of difference between Anglo-Saxon and European law
Case 1: Partial delivery
Case 2: Dissolution of partnership under profit
Case 3: Non-competition clause
Case 4: Non-eviction
25:15    |    
Worldwide use for the Good Faith principle
27:15    |    
Final credits



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Good Faith in the Civil Law of Contracts

26 de mayo de 2014   | Vistas: 6 |  

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