Good Faith Principle

839 Words2 Pages

I. Introduction
The principle of good faith has been one of the most relevant general principles of the Continental European legal tradition. Emerging from the Roman law, good faith has gained a very important role in the general theory of contracts. Both legal traditions, Civil Law and Common Law have adopted this principle as a duty in which parties to a contract must perform their obligations. However, with regard to its application to concrete cases, both legal systems have articulated their own theories and analysis of this principle.
For the purpose of analyzing these different, and sometimes similar, approaches to the principle of good faith, I will begin by providing a general definition of good faith and its etymology. Then, I will introduce general notions of both Common Law and Civil Law legal systems, pointing out their main distinctions. And lastly, I will focus on how both legal systems have recognized and adopted good faith in their Contract Law. For Common Law I will focus my analysis in American Law, and for Civil Law I will focus in French and Argentine law.

II. Good Faith (Etymology and Definitions)
What is “good faith”? To answer this question it is necessary to look into the etymology of these two words. Good, as understood within the context of good faith, comes from the Latin bonus-bona, which makes reference to something that has goodness. On the other hand, faith- from the Latin fides- means complete trust or confidence in someone or something. These two words combined together form “Bona Fide”, which means authentic, genuine, real; made or done in a honest and sincere way. Furthermore, according to the Oxford English Dictionary good faith means fidelity, loyalty, honesty of intention in entering into...

... middle of paper ...

...y employs the adversarial model, in which litigants have a more active role, contesting with each other to put forth a case before an independent decision-maker.

Conclusion:
Conclusively, the duty of good faith in contract law does not seem to vary significantly between these two legal systems. In fact, we can notice that it is a single concept with a wide range of interpretations but with the same roots. In any case, good faith implies honesty, loyalty, faithfulness, and absence of fraud or malice between the parties to a contract. In Common Law specially related as the duty to preform a contract in good faith, and in Civil Law as a rule in which parties shall behave acting loyalty and fair dealing, even before the parties have entered into the contract, that is to say, during the phase of negotiation until the extinction of the obligations arising out of it.

Open Document