the good faith and fair dealing jurisprudence in contracts has due influences not only in civil law but also in common law, particularly in united states: in uniform commercial code (ucc), restatement 2nd on contracts and it’s judicial precedent. meanwhile the definitions and scope of good faith, the fields of adoption and enforcement of it in common law defers from case law. development of thi...

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...

Any behavior of subjects participating in civil legal relations manifested tandem with the principle good faith, leads to ensuring an efficient and fair life. On contrary, their deviation from standard conduct established by legislator defying a minimization possibilities for appropriate exercise rights. That impact being determined weight faith private law. It is natural each person look after...