Publication at Faculty of Mathematics and Physics, Faculty of Law |
2011
Abstract
One of the leading principles of modern civil law codifications is usually the requirement for conduct in “good faith”. It is the symbol of “fair play” rules in civil-law relations – fair dealing refusing camouflage of dishonest intents by provisions of law or, e.g. misuse of information imbalance.
Good faith represents a universal instruction for exercising rights and complying with obligations. Valid Czech civil law awards only a very narrow position to good faith and the draft regulation continues in this line.
We subject this approach to criticism from comparative and application perspective and we propose a solution that, according to our opinion, corresponds better with the current dynamics of legal relations.