Good Faith in European Contract Law. Edited by REINHARD ZIMMERMANN and SIMON WHITTAKER [Cambridge: Cambridge University Press. 2000. xxiii, 701 and (Index) 18pp. Hardback. £75.00 net. ISBN 0–521–77190–0.]

2000 ◽  
Vol 59 (3) ◽  
pp. 613-643 ◽  
Author(s):  
Roderick Munday
Keyword(s):  
Contract Law ◽  
Good Faith ◽  
European Contract ◽  
Cambridge University ◽  
European Contract Law

scholarly journals Towards a Theory of Imprévision in the EU?

2018 ◽  
Vol 14 (4) ◽  
pp. 344-373
Author(s):  
Mitja Kovac ◽  
Cristina Poncibò
Keyword(s):  
Comparative Analysis ◽  
Conceptual Framework ◽  
Contract Law ◽  
Good Faith ◽  
European Contract ◽  
The Many ◽  
The Eu ◽  
European Contract Law ◽  
Code Civil

Abstract The problem of excuse for non-performance of contracts caused by changed circumstances is, despite its long history in contract law scholarship, far from being resolved. This paper is based on the dialogue between two colleagues from different academic backgrounds and comparatively investigates German, French, Italian and English approaches and current developments in the field. First, the paper questions whether the doctrine of changed circumstances (or imprévision) remains a mere exception, or whether it is possible to argue that, by considering the latest developments, it may represent a model in European contract law. This issue has recently attracted the attention of the French legislature in its modernization of the Code Civil. Second, by examining the many different national doctrines, the paper aims to reconstruct and clarify, through comparative analysis performed, the conceptual framework of such a theory by discussing, in particular, issues of contract interpretation, presupposition, causation, good faith, fairness and solidarity.

Part III Harmonization of General Contract Law, 16 Restatements of Contract Law

2015 ◽  
Keyword(s):  
Contract Law ◽  
Good Faith ◽  
European Contract ◽  
Freedom Of Contract ◽  
Substantive Content ◽  
Advantages And Disadvantages ◽  
Specific Performance ◽  
General Contract Law ◽  
European Contract Law

This chapter examines non-binding restatements of contract law, in particular the UNIDROIT Principles of International Commercial Contracts and the Principles of European Contract Law. It considers the nature, purposes, scope, sphere of application, and substantive content of these Principles (including freedom of contract, pacta sunt servanda, good faith, interpretation, adequate assurance of performance, specific performance, and other remedies and hardship and change of circumstances). The chapter considers the extent to which these Principles can be used in litigation and in arbitration and their relative advantages and disadvantages.

scholarly journals An Overview of Good Faith as a Principle of Contractual Interpretation with Special References to the Albanian Law

2017 ◽  
Vol 13 (25) ◽  
pp. 288
Author(s):  
Gjin Gjoni ◽  
Zhaklina Peto
Keyword(s):  
Contract Law ◽  
Good Faith ◽  
Third Party ◽  
European Contract ◽  
Applicable Law ◽  
Objective Sense ◽  
Contractual Obligations ◽  
Subjective View ◽  
European Contract Law

Good faith is one of the most discussed topics in the jurists' circle, seen as a key argument in European contract law. Though it is an accepted concept, there is no consensus regarding the role of good faith in modern civil contractual obligations. The purpose of this paper is to analyze the principle of good faith, shedding light on the concept and the description of this principle on Albanian legislation. Good faith is dealt with in its two meanings; subjective and objective, where in the objective sense of good faith is perceived as a method used to dress with moral contractual relations and to mitigate the inequalities that may result from the dogma of parties autonomy. While in the subjective view, good faith may refer to the situation in which a person acts with the confidence that he is acting in accordance with the applicable law or in a situation where a third party seeks protection. The aim of this paper is also to treat the principle of good faith under the optics of Albanian legal system. It is concluded that the doctrine in Albania is not very developed. It should be noted that there is no uniformity in jurisprudence and the debate if good faith can be excluded from the contract remains open.

scholarly journals UNIFICATION OF CRITERIA FOR THE ASSESSMENT OF GOOD FAITH IN NEGOTIATING CONTRACTS: FROM NATIONAL TO INTERNATIONAL THROUGH THE INTERCESSION OF THE EUROPEAN EXPERIENCE

2015 ◽  
Vol 9 (2) ◽  
pp. 1-10
Author(s):  
Mirela Carmen Dobrilă
Keyword(s):  
Comparative Law ◽  
Contract Law ◽  
Good Faith ◽  
European Level ◽  
European Contract ◽  
Contract Negotiation ◽  
European Experience ◽  
Civil Codes ◽  
European Contract Law

This paper seeks to emphasize the idea and the efforts to unify the criteria for the assessment of good faith in the context of contract negotiation. In this regard, the paper observes the vision of the Romanian legislator regarding good faith in contract negotiation but also the existing vision at European level by highlighting links with existing coding projects at European contract law level and with other foreign civil codes in the context of certain aspects of comparative law.

Unifying European Contract Law: Identifying a European Pre-contractual Obligation to Inform

2005 ◽  
Vol 7 ◽  
pp. 135-159
Author(s):  
Paula Giliker
Keyword(s):  
Common Core ◽  
Contract Law ◽  
Private Law ◽  
European Contract ◽  
Acquis Communautaire ◽  
Cambridge University ◽  
Contractual Obligation ◽  
Obligation To Inform ◽  
European Contract Law

The movement towards common principles of European contract law has been described as inevitable. In the words of one of its foremost proponents, ‘it is a historic law that this unification is going to happen sooner or later’. It has been difficult to ignore in recent years the volume of work discussing developments in this area of law. One might note, in particular, the Private Law in European Context series published by Kluwer Law International and the Cambridge University Press Common Core of European Private Law project. Further, the publication of Communications by the EC Commission in 2001, 2003 and 2004 has served to promote an ongoing discussion on the nature and quality of the acquis communautaire and the ‘opportuneness’ of any form of non-sector-specific instrument in the area of European contract law. Such intervention, it has been said, forms ‘the riggings of a ship which is about to set sail’.

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