Good Faith in European Contract Law

by Edited by Reinhard Zimmermann , Simon Whittaker

• ISBN13: 9780521088039
• ISBN10: 0521088038
• Edition: 1st
• Format: Paperback
• Copyright: 2008-12-11
• Publisher: Cambridge University Press

Summary

For some Western European legal systems the principle of good faith has proved central to the development of their law of contracts, while in others it has been marginalized or even rejected. This book starts by surveying the use or neglect of good faith in these legal systems and explaining its historical origins. The central part of the book takes thirty situations which would, in some legal systems, attract the application of good faith, analyses them according to fifteen national legal systems and assesses the practical significance of both the principle of good faith and its relationship to other contractual and non-contractual doctrines and forms of regulation in each situation. The book concludes by explaining how European lawyers, whether from a civil or common law background, may need to come to terms with the principle of good faith. This was the first completed project of The Common Core of European Private Law launched at the University of Trento.

Table of Contents

Setting the Scene

Good faith in European contract law: surveying the legal landscape

Bona fides in roman contract law

Good faith in contract law in the medieval IUS commune

The conceptualization of good faith in American contract law: a general account

The Case Studies

Courgettes perishing: Discussions: editors' comparative observations

Degas drawing: Discussions: editors' comparative observations

Breaking off negotiations: Discussions: editors' comparative observations

Formalities I: Discussions: editors' comparative observations

Formalities II: Discussions: editors' comparative observations

One bag too few: Discussions: Editors' comparative observations

Late payment of rent: Discussions: editors' comparative observations

Delivery at night: Discussions: editors' comparative observations

Uniformity of outfit: Discussions: Editors' comparative observations

Dissolution of partnership: Discussions: editors' comparative observations

Untested motors working Discussions: editors' comparative observations

No use for borrowed motorbike: Discussions: editors' comparative observations

Inspecting the books: Discussions: editors' comparative observations

Producing new bumpers: Discussions: editors' comparative observations

Two cracks in a shed: Discussions: editors' comparative observations

Drug causing drowsiness in driving: Discussions: editors' comparative observations

Bank miscrediting customer: Discussions: editors' comparative observations

Access to medical records: Discussions: editors' comparative observations

Doctors swapping practice: Discussions: editors' comparative observations

Prescription I: Discussions: Editors' comparative observations

Prescription II: Discussions: Editors' comparative observations

Sitting on one's rights: Discussions: editors' comparative observations

Long term business relationships I: Discussions: editors' comparative observations

Long term business relationships II: Discussions: editors' comparative observations

Effect of inflation: Discussions: Editors' comparative observations

'Sale' of soccer player: Discussions: editors' comparative observations

Disability insurance: Discussions: editors' comparative observations

Crop destroyed by hail

Divorce settlement: Discussions: editors' comparative observations

Penalty for late delivery: Discussions: editors' comparative observations

Coming to terms with good faith

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