RECENT TRENDS REGARDING GOOD FAITH IN CONTRACT LAW
DOI:
https://doi.org/10.15837/aijjs.v7i2.526Keywords:
good faith, contract law, Principles of European Contract Law, Romanian Civil Code, European private lawAbstract
The purpose of this article is to highlight the newly convergences between theRomanian legal system and that of other Member States of the European Union in the field of
good faith.
In the first part of the article, we try to establish the core values of good faith in
general and subsequently in the field of contract law, as perceived by the national scholars
and researchers. While good faith had merely the role of a general rule which was rather
simplistically associated with fairness and morale, in light of the recent developments brought
upon by the enactment of the new Civil Code, good faith has become a focal point in several
institutions in the field of contract law.
The second part of the article aims to identify the origin of the rules set out in the
Romanian legislation, by investigating the motifs behind the adhering to the line of thought as
set out by the Principles of European Contract Law.
In the last part we will illustrate the recent trends and goals of the European Union in
the field of contract law and also try to correlate how these actions will translate to the
Romanian national legal system in theory and in practice in the years to come.
References
National
Uliescu M., Buna credinta in noul Cod civil, in “Noul Cod civil. Studii ÅŸi Cometariiâ€, Bucharest, Universul Juridic Publishing House, 2012;
Cotea, F., Buna-credinta. Implicatii privind dreptul de proprietate, Hamangiu Publishing House, Bucharest 2007;
Gherasim, D., Buna credinta in raporturile juridice civile, published by “Editura Academiei Republicii Socialiste Româniaâ€, Bucharest, 1978;
Oprisan, C., Elementul de morala in conceptul de buna-credinta, in Romanian Law Studies Review no. 1/1970;
Petre A., Eremia, M., Efectele juridce ale bunei-credinte in dreptul civil, Justitia Noua no. 12/1965.
Foreign
Storme, M., Good Faith and the Contents of Contracts in European Private Law, vol. 7.1 Electronic Journal of Comparative Law, March 2003;
Musy, A., The good faith principle in contract law and the precontractual duty to disclose comparative analysis of new differences in legal cultures, Global Jurist
Advances. Volume 1, Issue 1 February 2001;
Hesselink, M., Principles of European Contract law, Kluwer, Dwenter 2001.
