A VISION OF GOOD FAITH AS A SAFETY VALVE IN CONTRACTS

Marius Floare ()
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Marius Floare: Faculty of Law, Department of Private Law, Babe?-Bolyai University, Cluj-Napoca, Romania

Jurnalul de Studii Juridice, 2019, vol. 14, issue 1-2, 72-87

Abstract: This paper will try to approach the “strategic” role of the concept of good faith in contracts. Even though there are numerous attempts to discover the “tactical” value of this concept by describing all its meanings in the field of contracts, we must take a broader view and see the essential role of good faith in this area of private law. We will only discuss good faith as the equivalent of the German notion of “Treu und Glauben” , meaning good faith and fair dealing, and we will not try to approach the meaning of good faith as an erroneous belief, the equivalent to the German “guter Glaube”. We will also discuss the different approaches to this “objective” good faith, taken by different continental private law systems mainly from Germany, France and Romania, starting from very similar statutory provisions. We will conclude with a case study about the doctrine of frustration of contract as a possible application of the broader principle of objective good faith.

Keywords: Functions; good faith; safety valve; loyalty; equity; frustration (search for similar items in EconPapers)
JEL-codes: A23 (search for similar items in EconPapers)
Date: 2019
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Persistent link: https://EconPapers.repec.org/RePEc:lum:rev4rl:v:14:y:2019:i:1-2:p:72-87

DOI: 10.18662/jls/42

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