The general Principle of Good Faith under the CISG
Uli Foerstl
Broschiertes Buch

The general Principle of Good Faith under the CISG

A functional Approach to Theory and Practice of the United Nations Convention on Contracts for the International Sale of Goods

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Good faith in civil law jurisdictions fulfils three functions: to interpret unclear terms; to supplement contracts; and to correct the written rules by restricting rights or derogating from strict law. In jurisdictions where good faith is not used, other doctrines fulfil these tasks. Good faith is used as a methodological instrument in order to exercise the three functions within a code. Hence, a coherent and substantive doctrine of good faith does not exist. The scope of application of good faith depends on the extent to which the three functions have to be applied (functional approach). Cons...