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Regulation of good faith in the new draft Civil Code

Publication at Faculty of Law |
2011

Abstract

This article is a response to the article of Mgr. Jan Balarin “Comments on (absence of) the good faith principle in the draft Civil Code”.

The author refers to the fact that normative inclusion and perception of objective good faith in individual European legal systems is not uniform. Approach of legal theory and, in particular of practice, to the application of this institute differentiates as well.

The article further calls attention to certain fundamental problems related to the good faith issue in the subjective meaning, both in the valid law and in the new draft Civil Code as well.