Publication details
Dobrá víra a mezinárodní obchodní smlouvy
| Title in English | Good Faith and International Commercial Contracts |
|---|---|
| Authors | |
| Year of publication | 2009 |
| Type | Article in Proceedings |
| Conference | COFOLA 2009: The Conference Proceedings. 1th Edition. |
| MU Faculty or unit | |
| Citation | |
| Field | Law sciences |
| Keywords | Good Faith; CISG; International Commercial Contracts; English Law; Comparative Law; German Law; Lex Mercatoria; UNIDROIT Principles of International Commercial Contracts |
| Description | This paper offers a view on the role of good faith in international commercial contracts. Good faith encompasses a respect for the interests of other contractual party, cooperation between parties, open dealing and a lack of malicious intention. This paper departs from the hypothesis that what is meant by good faith depends on legal rules which apply to a contract. Thus, at the end of the day the obligations of the parties stemming from good faith depend on legal rules applicable to it. Therefore, it is argued that there has been no autonomous standard of good faith which applies to all contract regardless of legal rules which govern respective contract. |