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European Contract LawScots and South African Perspectives$
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European Contract Law: Scots and South African Perspectives

Hector MacQueen and Reinhard Zimmermann

Print publication date: 2006

Print ISBN-13: 9780748624256

Published to Edinburgh Scholarship Online: March 2012

DOI: 10.3366/edinburgh/9780748624256.001.0001

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PRINTED FROM EDINBURGH SCHOLARSHIP ONLINE (www.edinburgh.universitypressscholarship.com). (c) Copyright Edinburgh University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in ESO for personal use.date: 31 March 2020

Good Faith

Good Faith

Chapter:
(p.43) 2 Good Faith
Source:
European Contract Law
Author(s):

Hector L MacQueen

Publisher:
Edinburgh University Press
DOI:10.3366/edinburgh/9780748624256.003.0002

This chapter considers good faith in the Principles of European Contract Law (PECL). It explains that Article 1:201 of PECL declares that each party must act in accordance with good faith and fair dealing, and that this duty may not be excluded or limited by the parties. The chapter argues that the contract laws of the world's uncodified mixed legal systems – in which Common Law and Civil Law sources, rules, concepts and methods have interacted for long periods – often show striking parallels with the results of PECL.

Keywords:   good faith, PECL, fair dealing, contract laws, mixed legal systems, common law, civil law

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