Introduction

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.[1] 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 ...