Sąžiningumo principas Lietuvos sutarčių teisėje (Good Faith Principle in Lithuanian Contract Law)

2007 ◽  
Author(s):  
Stasys Drazdauskas
Keyword(s):  
Contract Law ◽  
Good Faith

Part VI Terms and Interpretation, 19 Good Faith

2021 ◽  
Author(s):  
Andrews Neil
Keyword(s):  
Contract Law ◽  
Good Faith ◽  
Traditional View ◽  
Appellate Courts ◽  
England And Wales

There is some judicial interest in recognizing a principle of good faith performance in English contract law (the topic was introduced at [2.69]). The idea is gaining, or at least might gain, momentum. But the traditional view, to which the appellate courts in England and Wales have remained loyal, is that there is no general doctrine that contracts must be performed in good faith. In other words, there is no general implied term that a contract must be performed in good faith.

The Regulation of Unfair Terms and Consumer Protection in Japan

2020 ◽  
pp. 186-206
Author(s):  
Hiroyuki KIHARA
Keyword(s):  
Contract Law ◽  
Good Faith ◽  
Judicial Control ◽  
Indirect Control ◽  
Consumer Contracts ◽  
Penalty Clauses ◽  
Unfair Terms ◽  
General Contract Law ◽  
Standard Terms ◽  
Restraint Of Trade

This chapter examines how Japanese contract law deals with extremely one-sided, onerous, or otherwise unfair terms, such as exclusions or limitations of liability, penalty clauses, or restraint of trade clauses. It discusses the overt judicial control of such terms under specific legislation, sometimes targeted exclusively at standard terms or consumer contracts. It also analyses how the Japanese courts have exercised a more indirect control by employing traditional general contract law doctrines, such as public policy, good faith, interpretation, or the rules on procedural fairness, in order to protect parties against the imposition of unfair terms. A number of hypothetical clauses are analysed to illustrate how Japanese courts regulate unfair contract terms in practice.

22. Breach of Contract and Termination

Contract Law ◽  
2018 ◽  
Author(s):  
Ewan McKendrick
Keyword(s):  
Contract Law ◽  
Good Faith ◽  
Vienna Convention ◽  
European Contract ◽  
Breach Of Contract ◽  
Anticipatory Breach ◽  
The Status ◽  
Anticipatory Breach Of Contract ◽  
Definition Of ◽  
The Right

This chapter begins with a definition of ‘breach of contract’ and then outlines the circumstances in which a breach of contract gives to the innocent party a right to terminate further performance of the contract. These include breach of a condition and breach of an intermediate term where the consequences of the breach are sufficiently serious. The chapter also considers the problems that can arise in deciding the status of a term which has not been classified by the parties as a condition, a warranty, or an intermediate term. It examines termination clauses and the significance attached to the good faith of the party who is alleged to have repudiated the contract. The chapter includes a brief comparison of English law with the Vienna Convention and with the Principles of European Contract Law, and also addresses the question of whether an innocent party is obligated to exercise its right to terminate further performance of the contract, and considers the loss of the right to terminate. It concludes with a discussion of the law of anticipatory breach of contract.

15. Good faith

Contract Law ◽  
2018 ◽  
Author(s):  
Mindy Chen-Wishart
Keyword(s):  
Contract Law ◽  
Good Faith ◽  
Diverse Range ◽  
General Duty ◽  
English Law ◽  
The Law ◽  
The Difference

English law does not currently recognise a general duty of good faith, but this position is increasingly being challenged. In addition, good faith informs a diverse range of legal doctrines and principles. This chapter addresses the following: the meaning of good faith; good faith in current contract law; and the nature of good faith. It further considers whether English law should recognise a general good faith doctrine and the difference this might make to various aspects of the law.

scholarly journals Alive and well: the good faith principle in Turkish contract law

2015 ◽  
Vol 42 (1) ◽  
pp. 73-101 ◽  
Author(s):  
Hans-Bernd Schäfer ◽  
Hüseyin Can Aksoy
Keyword(s):  
Contract Law ◽  
Good Faith

Ch.1 General Provisions, General Provisions III: Arts 1.6–1.12—Application of the PICC, Art.1.7

2015 ◽  
Author(s):  
Vogenauer Stefan
Keyword(s):  
International Trade ◽  
Burden Of Proof ◽  
Contract Law ◽  
Ethical Standard ◽  
Good Faith ◽  
Fair Dealing ◽  
Global Trend

This commentary focuses on Article 1.7, which obliges the parties to a contract to ‘act in accordance with good faith and fair dealing’. The imposition of this duty corresponds to a global trend towards an increasing role for the standard of good faith in contract law that has been emerging for several decades. To a certain extent, the UNIDROIT Principles of International Commercial Contracts (PICC) help to reinforce this trend. Art 1.7 spells out the scope of the obligation to act in accordance with good faith and fair dealing; standard of good faith and fair dealing, including ethical standard and standard employed ‘in international trade’; consequences of failure to act in accordance with good faith and fair dealing; and burden of proof.

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.

A Study on the Principle of Good Faith in International Transaction Contracts under the English Contract Law

2018 ◽  
Vol 14 (3) ◽  
pp. 241-265
Author(s):  
Nak-Hyun Han ◽  
◽  
Seok-Beom Choi ◽  
Jung-Han Bae ◽  
◽  
...  
Keyword(s):  
Contract Law ◽  
Good Faith
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