Good Faith and Fair Dealing: The Ulmost Good Faith
نویسندگان
چکیده
منابع مشابه
Electronic Agents and Contract Performance: Good Faith and Fair Dealing
This paper examines how the civil law principle of good faith and the common law notion of fair dealing apply during the performance of contracts. After a brief look at their application in the precontractual stage, there is an examination of the notion of good faith and fair dealing in contract performance. Reference is made to the duty of the parties to act loyally and to co-operate during th...
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The principle of good faith is an important guideline for contractual behaviour that permeates civil law systems. This paper examines how this principle is applied during the negotiation stage of a contract. Select examples from civil law literature of precontractual duties of good faith, and of precontractual behaviour that is deemed to be contrary to good faith, are discussed. This is followe...
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good faith is a flexible and subjective phrase. it is used in a variety of contexts and its meaning varies in these contexts. in ownership, possession in good faith means possession of property by a person who in good faith does not know that the property's ownership is disputed. possessor believes actually and reasonably himself or herself to be the lawful occupant, otherwise he is in bad...
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A key institutional setting is the set of rules balancing the use of coercion to the one of markets for transferring property rights. Even if all legal systems forbid theft ex ante, different societies provide different ex post solutions to the conflict arising between the original owner and the good-faith buyer of a good with defective title. These rules range from the full protection of the o...
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good faith in a total categorization of the term, has classified to protective and obligatory. the obligatory aspect of good faith relates to contract law that implies correct behaviour, honesty and respect to others trust and interest. in this conception of the term, good faith implies action or disaction from the parties as a behavioural rule. the morality of the good faith denotes to the fac...
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ژورنال
عنوان ژورنال: Hokengakuzasshi (JOURNAL of INSURANCE SCIENCE)
سال: 2009
ISSN: 0387-2939,2185-5064
DOI: 10.5609/jsis.2009.607_3