For some Western European legal systems the principle of good faith has proved central to the development of their law of contracts, while in others it has been marginalized or even rejected. This book starts by surveying the use or neglect of good faith in these legal systems and explaining its historical origins. The central part of the book takes thirty situations which would, in some legal systems, attract the application of good faith, analyses them according to fifteen national legal systems and assesses the practical significance of both the principle of good faith and its relationship to other contractual and non-contractual doctrines and forms of regulation in each situation. The book concludes by explaining how European lawyers, whether from a civil or common law background, may need to come to terms with the principle of good faith. This was the first completed project of The Common Core of European Private Law launched at the University of Trento.
Rezensionen / Stimmen
Review of the hardback: 'It is impossible within the span of a short review to do full justice to the quantity of information amassed in Good Faith in European Contract Law. The project was well-conceived, the data is well-presented and the analysis, which seems comfortingly agnostic about the merits of general good faith provisions, is balanced and shrewd. This book sets a high standard for future volumes in the 'Common Core' project to emulate as well as providing scholars and teachers of comparative law with a fund of instructive materials.' Roderick Munday, The Cambridge Law Journal Review of the hardback: 'It was at a meeting held at the University of Trento in June 1994 that Reinhard Zimmerman suggested that good faith in contracts might make an interesting and fruitful topic for the so-called Common Core of European Private Law project. Six years later, with the publication of good faith in European Contract law, Zimmermann's suggestion has been brought through to a successful completion. Whether one's interest is in comparative law or its methodology, the harmonisation of European private law, or good faith in contracts, the publication of this book is a major event and, whatever one makes of the product of this study, there is no question that Zimmerman, his co-editor Simon Whittaker, and the team of contributors are to be congratulated for conceiving of such a book and then delivering it so impressively. The book is a mine of informed analysis. Readers who want an introduction to good faith doctrines in German, French and (in its limited way) English contract law, will be considerably assisted by the co-editors' own opening contribution to the book. Similarly, if one's interest in good faith relates to its place in Roman law, or in contract law ion the medieval ius commune, or in US contract law, then the contributions by, respectively Martin Joseph Schermaier, James Gordley, and Robert Summers will be required reading. However, the centrepiece of this book - its distinctive contribution to comparative private law scholarship in general and to an understanding of good faith doctrines (or their cognates) in particular - is the set of 30 case studies, discussion of which takes up the greater part of this volume. The purpose of this study, focused on the 30 hypothetical cases, is not so much to compare doctrinal technique and resource in contract law regimes across Europe; rather, the project is designed to reach beyond surface doctrinal difference to see how far there is a core of agreement as to good faith outcomes in Europe.' Modern Law R Review of the hardback: '... the book ... reasserts the classic comparative law notion of the functional unity of law.' The Edinburgh Law Review
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Sprache
Verlagsort
Zielgruppe
Illustrationen
Maße
Höhe: 240 mm
Breite: 161 mm
Dicke: 45 mm
Gewicht
ISBN-13
978-0-521-77190-0 (9780521771900)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Klassifikation
Herausgeber*in
Universitaet Regensburg, Germany
University of Oxford
Part I. Setting the Scene: 1. Good faith in European contract law: surveying the legal landscape Simon Whittaker and Reinhard Zimmermann; 2. Bona fides in roman contract law Martin Josef Schermaier; 3. Good faith in contract law in the medieval IUS commune James Gordley; 4. The conceptualization of good faith in American contract law: a general account Robert S. Summers; Part II. The Case Studies: Case 1: Courgettes perishing: Discussions: editors' comparative observations; Case 2: Degas drawing: Discussions: editors' comparative observations; Case 3: Breaking off negotiations: Discussions: editors' comparative observations; Case 4. Formalities I: Discussions: editors' comparative observations; Case 5: Formalities II: Discussions: editors' comparative observations; Case 6. One bag too few: Discussions: Editors' comparative observations; Case 7: Late payment of rent: Discussions: editors' comparative observations; Case 8: Delivery at night: Discussions: editors' comparative observations; Case 9: Uniformity of outfit: Discussions: Editors' comparative observations; Case 10: Dissolution of partnership: Discussions: editors' comparative observations; Case 11: Untested motors working Discussions: editors' comparative observations; Case 12: No use for borrowed motorbike: Discussions: editors' comparative observations; Case 13: Inspecting the books: Discussions: editors' comparative observations; Case 14: Producing new bumpers: Discussions: editors' comparative observations; Case 15: Two cracks in a shed: Discussions: editors' comparative observations; Case 16: Drug causing drowsiness in driving: Discussions: editors' comparative observations; Case 17: Bank miscrediting customer: Discussions: editors' comparative observations; Case 18: Access to medical records: Discussions: editors' comparative observations; Case 19: Doctors swapping practice: Discussions: editors' comparative observations; Case 20: Prescription I: Discussions: Editors' comparative observations; Case 21: Prescription II: Discussions: Editors' comparative observations; Case 22: Sitting on one's rights: Discussions: editors' comparative observations; Case 23: Long term business relationships I: Discussions: editors' comparative observations; Case 24: Long term business relationships II: Discussions: editors' comparative observations; Case 25: Effect of inflation: Discussions: Editors' comparative observations; Case 26: 'Sale' of soccer player: Discussions: editors' comparative observations; Case 27: Disability insurance: Discussions: editors' comparative observations; Case 28: Crop destroyed by hail; Case 29: Divorce settlement: Discussions: editors' comparative observations; Case 30: Penalty for late delivery: Discussions: editors' comparative observations; Coming to terms with good faith Simon Whittaker and Reinhard Zimmermann.
