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The Good Faith Principle in Act No. 89/2012 Coll

Publication at Faculty of Law |
2015

Abstract

The aim of this paper is to discuss in general the explicit definition of the good faith principle in the Czech law related to the recodification of the Czech civil law. The obvious inspiration for its definition from European legal systems is pointed out, as well as the certain terminological difficulties associated with the translation of these foreign rules.

The paper also deals with the meaning, purpose and function of the good faith principle and its general and particular definition in the Civil Code. The potential difficulties with the application of the good faith principle with respect to other similar principles and instruments are also pointed out.