The Good Faith Principle in Contract Law and the Precontractual Duty to Disclose: Comparative Analysis of New Differences in Legal Cultures
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Alberto M. Musy
The purpose of this article is to delineate new convergent similarities and future possible differences between legal systems, using pre-contractual liability and good faith as a focal point of investigation. The first part of the article tries to reframe the ordinary picture of Good Faith in European contract law. Western legal systems differ as to the scope of the good faith principle. In the Civil Law system, the minimalist view is represented by the French courts, who have not relied on the bonne foi to the same extent that their German and Italian counterparts did. An even more minimalist approach is represented by the common law of England does not recognize any general obligation of the parties to a contract to conform to the standard of good faith. The second part of the article focuses the prism of the good faith investigation by concentrating on the pre-contractual duty to inform and by trying to map reciprocal influences, and differences between Europe and United States. The way authors in America and Europe are looking to those issues offer ground to the thesis that European Academia, too keen on the normative analysis, is loosing ground in favor of the, more Law and .. oriented, American Academia.
©2011 Walter de Gruyter GmbH & Co. KG, Berlin/Boston
Articles in the same Issue
- Frontiers Article
- "All of this and so much more": Original Intent, Antagonism and Non-Interpretivism
- Reflections on "The Common Core of European Private Law" Project
- Synthetic Readings of Roscoe Pound's Jurisprudence
- The Principles Of European Contract Law: Some Choices Made By The Lando Commission
- Basic Issues of Private Law Codification in Europe: Trust
- Advances Article
- The Good Faith Principle in Contract Law and the Precontractual Duty to Disclose: Comparative Analysis of New Differences in Legal Cultures
- Comparative Personal Property: The Case of Shares
- Property Transferred in Breach of Trust
- Legal Change and Economic Performance
- On Good Faith and Insurance: A Comparative Study of Judicial Activism in the World's Largest Democracy.
- Topics Article
- An Introduction to the Law of Contracts in Italy
- Globalization and Cross-Border Litigation
- An Introduction to Greek Contract Law
- The Evolution and Integration of Different Legal Systems in the Horn of Africa: the Case of Somaliland
- Securitisation and Bankruptcy in Indonesia: Theme and Variations
Articles in the same Issue
- Frontiers Article
- "All of this and so much more": Original Intent, Antagonism and Non-Interpretivism
- Reflections on "The Common Core of European Private Law" Project
- Synthetic Readings of Roscoe Pound's Jurisprudence
- The Principles Of European Contract Law: Some Choices Made By The Lando Commission
- Basic Issues of Private Law Codification in Europe: Trust
- Advances Article
- The Good Faith Principle in Contract Law and the Precontractual Duty to Disclose: Comparative Analysis of New Differences in Legal Cultures
- Comparative Personal Property: The Case of Shares
- Property Transferred in Breach of Trust
- Legal Change and Economic Performance
- On Good Faith and Insurance: A Comparative Study of Judicial Activism in the World's Largest Democracy.
- Topics Article
- An Introduction to the Law of Contracts in Italy
- Globalization and Cross-Border Litigation
- An Introduction to Greek Contract Law
- The Evolution and Integration of Different Legal Systems in the Horn of Africa: the Case of Somaliland
- Securitisation and Bankruptcy in Indonesia: Theme and Variations
