Good faith: A principled matter

Research output: Chapter in Book/Report/Conference proceedingChapter


The general principle of good faith, contained in the general clauses of the BGB, and, in particular, the provisions of paragraph 242, is one of the most important aspects of German contract law. By contrast, English and Scots law contain no such explict general principle of good faith, although arguably they do have an implict or undisclosed principle of this sort. In this essay I will first of all briefly consider the reasons for the existence in Germany of a general principle of good faith and its absence, at least in an explicit form, from English and Scots law. I will next consider the main arguments against the introduction of a general principle of good faith, and lastly discuss what effects, if any, the introduction of such a general principle might bring.

There are two, interconnected, reasons why good faith has come to occupy a prominent place in Continental law, especially that of Germany, and a correspondingly less prominent place in the law of England and Scotland
Original languageEnglish
Title of host publicationGood Faith in Contract and Property Law
EditorsA.D.M. Forte
PublisherHart Publishing
Publication statusPublished - 1999


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