GOOD FAITH PROBLEMS

Good Faith Problems in Contractual Negotiations

Good Faith Problems in Contractual Negotiations

Introduction

The purpose of this paper is to give the readers an idea about the good faith issues in the contractual negotiation. The good faith basically is a concept of law and called the behaviour of an honest and decent acting people. Its historical origin, the principle of good faith in the bona fides of the Roman citizen. The Romans did much to his "good faith". Meant was something like reliability and integrity in legal relations. On the principle of good faith in the legal system today frequently referred to. The principle is in the states varies. Typically, a reference such as the British law of obligations, specifically within a contractual obligation, the debtor according to 242 BGB required affecting the performance as good faith with regard to the prevailing practice requires it. 

Discussion

Forms of Contract Law

The various reform projects of contract law have revealed two main points of disagreement in doctrine, which reflect the rest of the jurisprudential hesitation: it is the role of the case and the consecration of principles of the contract. However, among these principles, figure, next to freedom contractual and binding, the requirement of good faith. This means that the role of good faith in contract law is still a bone of contention. In truth, the terms of the debate, and therefore those of the subject, are already involved in controversy. First, the term "good faith", which literally translates the bona fides Roman, is sometimes challenged by other names such as "loyalty". Thus we have to consider that the reflected the principles proposed new currency contractual freedom, security loyalty.

Thus, in good faith under adverse possession or part of the putative marriage returns to the legitimate ignorance of a fact: it is a good faith static, which is simply to protect the ignorant when this ignorance is not fault. The ignorant will receive a bonus in good faith. There is also another meaning, dynamic one: be of good faith, it is the spirit of the contract, not to limit to his letter. This implies not a passive but a possible collaboration, or mutual assistance between parties (Zimmermann & Whittaker, 2000, pp. 198-210). It is more then put a premium on good faith but only punishes bad faith, in which the subject then cuts the penalty for abuse contractual prerogatives or abuse behaviour. Finally, and both are obviously closely related, it is also a plural should prevail when considering the plurality role of good faith in contract law.

Obligation Behaviour

It is indeed an obligation behaviour that adds to the economic obligation referred by the parties, as suggested much reading of section 1135 of the Civil Code, as has been well demonstrated Professor Ancel in Article Content and Enforceability of the contract obligation. The contract includes not only obligations but also specific duties behaviour that existed prior to the contract: the company, which is based on a social contract, not requires Does not make us a minimum of good faith in our dealings? However, precisely, the difficulty of the subject is not just semantics, ...