Good Faith in European Contract LawReinhard Zimmermann, Simon Whittaker Cambridge University Press, 8. juuni 2000 - 720 pages 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. |
Contents
Abbreviations | 3 |
Contributors to the case studies | 145 |
Bibliographies | 156 |
Courgettes perishing | 171 |
Degas drawing | 208 |
Breaking off negotiations | 236 |
Formalities I | 258 |
Formalities II | 281 |
Two cracks in a shed | 419 |
Drug causing drowsiness in driving | 439 |
Bank miscrediting customer | 458 |
Doctors swapping practices | 481 |
Prescription II | 508 |
Longterm business relationships I | 532 |
Discussions | 546 |
Sale of soccer player | 578 |
Late payment of rent | 305 |
Delivery at night | 322 |
Dissolution of partnership | 348 |
Untested motors working | 362 |
No use for borrowed motor bike | 379 |
Inspecting the books | 391 |
Producing new bumpers | 404 |
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Common terms and phrases
ABGB abuse of rights accept according action agreement apply Areopagus arises Austrian bad faith Baldus basis Belgian Belgian law bona fides breach of contract Bürgerliches Gesetzbuch buyer Cass Cicero circumstances Civil Code claim clause commercial common law concerning context contract law contract of sale Contracts Act Cour de cassation courts creditor culpa in contrahendo damages debtor decision defects delict doctor doctrine duty to inform employee English law entitled equity facts fidei formal fraud French law German law Ibid interpretation jurists Law of Obligations lease legal systems legislation liability mistake negotiations Nordic countries notion obligation Othello Palandt/Heinrichs partnership patient payment performance period person precontractual prescription period principle Private Law protection provision question reasonable recognised regarded relation relationship rely remedy rent requirement rescind rescission result Roman rules Scots law seller specific termination tion tract Uniform Commercial Code West Nordic