The "Troika" and Its Effects on the Harmonisation of Contract Law - Illustrated by the Duty of Good Faith Between the Parties
Article from: TDM 1 (2009), in International Commercial Law
This paper enquires to what extent application of non-state sources of law allows for a uniform application of the law of contracts, thus permitting to overcome the differences between Common Law and Civil Law systems. To this aim, the paper will briefly analyse a specific aspect of the principle of good faith and fair dealing, namely that of the existence of a duty between the parties to act in good faith. The question is of central importance to the interpretation and performance of contracts, and is addressed in quite different ways in the various legal systems, as ...