The second half of the 20th century was characterized by a worldwide trend in the development of foreign economic trade relations, and, as a consequence, the complication of the legal regulation of market relations in various international contracts: commercial, financial or cross-border provision of services.
In the context of globalization, which covered all spheres of society's life, the content of international trade turnover is changing. Its modern distinctive features are the following: the expansion of trade items (apart from the traditional trade in goods, also trade in services, intellectual property, capital is increasingly taking place); the emergence of new types of contracts (factoring, franchising, etc.); strengthening the role of universal international treaties on trade, services, intellectual property; the emergence of new world markets for currency and capital; stepping up of the activities of international economic organizations; introduction of new information technologies into the trade. The indicator of growth in international trade turnover is also the growth in exports.
The rapid growth of the modern world economy, the rapid development of economic and scientific and technical cooperation between different countries lead to the fact that “the world economy increasingly acquires the features of a single organism beyond which no state of the world can function properly”
Table of Contents
1. Introduction
2. Approach to good faith in Civil Law jurisdictions
3. Approach to good faith in Common Law jurisdictions
Objectives and Topics
The work examines the principle of "good faith" as a fundamental, albeit ambiguous, normative requirement in international commercial contracts, specifically within the framework of the 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG). It explores the divergence between Civil Law systems, which often treat good faith as a foundational and broad principle, and Common Law systems, which generally maintain a more restrictive and cautious approach, while analyzing how this principle facilitates legal uniformity in international trade.
- Theoretical foundations of good faith in Civil Law vs. Common Law.
- The role of the 1980 Vienna Convention in unifying international sales law.
- Interpreting the principle of good faith in international commercial arbitration.
- The relationship between good faith, contractual opportunism, and "reasonable care."
- The impact of international legal instruments like UNIDROIT Principles on contract regulation.
Excerpt from the book
Approach to good faith in Civil Law jurisdictions
The position of the legislator in the countries of the Romano-German system of law was influenced by the existing theoretical perceptions about the category of good faith. So, when drafting the French Civil Code, a guidance for the commission were the works of such well-known lawyers of the 17th and 18th centuries as J. Dome and R. Potier, which contained many references to good faith. Although they did not give a clear definition of the concept of good faith, the rules and principles they describe are imbued with this requirement. It presupposes, in particular, sincerity and loyalty to the other party in the obligation, prohibition of deceit, concealment of certain information, etc. Both of the authors derived the category of good faith from religious postulates. In Germany, in some countries, the category of good faith was legislatively consolidated, and its theoretical development began only in the 19th century in the framework of pandecticism. Despite very different initial positions, French and German scientists came essentially to similar conclusions.
Summary of Chapters
Introduction: This chapter contextualizes the evolution of international trade relations and legal regulation, identifying the 1980 Vienna Convention as a crucial instrument for unifying rules and establishing principles like good faith to overcome national legal barriers.
Approach to good faith in Civil Law jurisdictions: This section details the historical development and codification of good faith in Romano-German legal systems, highlighting how concepts of reasonableness and sincerity serve as branch principles to balance equality and autonomy in contractual relations.
Approach to good faith in Common Law jurisdictions: This chapter analyzes the English law tradition's skepticism toward a general duty of good faith, emphasizing the preference for judicial precedent over broad, unpredictable standards, and discusses the tension between contractual interests and the protection of the counterparty.
Keywords
Good faith, CISG, Vienna Convention, international trade, contract law, Civil Law, Common Law, legal interpretation, contractual obligation, bona fide, UNIDROIT, reasonableness, legal uniformity, commercial law, estoppel.
Frequently Asked Questions
What is the primary focus of this work?
The publication focuses on the role and application of the principle of "good faith" as a key legal standard within international commercial contract law, particularly under the 1980 Vienna Convention (CISG).
What are the central thematic fields covered?
The central themes include the comparative analysis of good faith in different legal traditions, the unification of international sales rules, the interpretation of contractual obligations, and the balancing of party interests to prevent opportunism.
What is the primary objective of the research?
The goal is to analyze how the principle of good faith serves as a foundation for uniform interpretation and application of international commercial law, despite the lack of a universally accepted definition.
Which scientific methodology is utilized?
The work employs a comparative legal analysis, examining doctrinal developments, international conventions, and judicial practices from both Civil Law and Common Law jurisdictions.
What topics are discussed in the main body?
The main body covers the historical development of good faith, its specific applications in French, German, and Italian law, its role as a compromise in the Vienna Convention, and its function in resolving legal gaps and interpreting contracts.
Which keywords define the research?
Key terms include Good faith, CISG, Vienna Convention, international trade, contract law, Civil Law, Common Law, and legal uniformity.
How is "good faith" interpreted in the context of the Vienna Convention?
In the Vienna Convention, good faith acts as an interpretative tool and a general principle to promote uniform application, even though the text does not provide a rigid definition of the concept.
What is "contractual opportunism" in the context of this book?
Contractual opportunism refers to the behavior of one party in a contract that pursues its own interests while ignoring or actively infringing upon the legitimate needs of the counterparty, which is generally discouraged by the principle of good faith.
How does English law view the duty of good faith?
English law historically lacks a general positive duty of good faith in commercial contracts, preferring legal certainty and explicit contractual provisions over vague judicial standards, though recent trends suggest a potential shift in specific contexts.
What role do UNIDROIT Principles play in this discussion?
UNIDROIT Principles provide a modernized, standardized framework that defines good faith and honest business practice as imperative duties, serving as a model for harmonizing private law beyond national borders.
- Citar trabajo
- Nadiia Kudriashova (Autor), 2016, The role of good faith in international sales law, Múnich, GRIN Verlag, https://www.grin.com/document/459658
