Good Faith in European Contract Law

Front Cover
Reinhard Zimmermann, Simon Whittaker, Mauro Bussani
Cambridge University Press, Jun 8, 2000 - Law - 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.
 

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Contents

Abbreviations
3
Bona fides in Roman contract law
63
Good faith in contract law in the medieval ius commune
93
Part n The Case Studies
145
Discussions
171
Degas drawing
208
Breaking off negotiations
236
Formalities I
258
Producing new bumpers
404
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
Longterm business relationships II
546

Formalities II
281
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
Sale of soccer player
578
Disability insurance
598
Crop destroyed by hail
611
Penalty for late delivery
640
Coming to terms with good faith
653
Index
703
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