Good Faith in European Contract Law
Part of The Common Core of European Private Law
- Editors:
- Reinhard Zimmermann, Universität Regensburg, Germany
- Simon Whittaker, University of Oxford
- Date Published: December 2008
- availability: Available
- format: Paperback
- isbn: 9780521088039
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For some Western European legal systems the principle of good faith has proved central to the development of their law of contracts, while in others it has been marginalized or even rejected. This book starts by surveying the use or neglect of good faith in these legal systems and explaining its historical origins. The central part of the book takes thirty situations which would, in some legal systems, attract the application of good faith, analyses them according to fifteen national legal systems and assesses the practical significance of both the principle of good faith and its relationship to other contractual and non-contractual doctrines and forms of regulation in each situation. The book concludes by explaining how European lawyers, whether from a civil or common law background, may need to come to terms with the principle of good faith. This was the first completed project of The Common Core of European Private Law launched at the University of Trento.
Read more- Germanic, Greek, French, Common Law systems and Nordic law systems are the five main legal families treated which means that the book will be of use to all contract lawyers interacting with these systems
- Thirty case studies are examined from the point of view of fifteen jurisdictions with both interim and final general comparative conclusions which means that this books offers a wealth of original comparative law material for the contemporary researcher
- Users can learn how a national lawyer tackles a contract case from their own particular country and then see the same case answered from another jurisdiction which means that the book should have significant teaching application
Reviews & endorsements
Review of the hardback: 'It is impossible within the span of a short review to do full justice to the quantity of information amassed in Good Faith in European Contract Law. The project was well-conceived, the data is well-presented and the analysis, which seems comfortingly agnostic about the merits of general good faith provisions, is balanced and shrewd. This book sets a high standard for future volumes in the 'Common Core' project to emulate as well as providing scholars and teachers of comparative law with a fund of instructive materials.' Roderick Munday, The Cambridge Law Journal
See more reviewsReview of the hardback: 'It was at a meeting held at the University of Trento in June 1994 that Reinhard Zimmerman suggested that good faith in contracts might make an interesting and fruitful topic for the so-called Common Core of European Private Law project. Six years later, with the publication of good faith in European Contract law, Zimmermann's suggestion has been brought through to a successful completion. Whether one's interest is in comparative law or its methodology, the harmonisation of European private law, or good faith in contracts, the publication of this book is a major event and, whatever one makes of the product of this study, there is no question that Zimmerman, his co-editor Simon Whittaker, and the team of contributors are to be congratulated for conceiving of such a book and then delivering it so impressively. The book is a mine of informed analysis. Readers who want an introduction to good faith doctrines in German, French and (in its limited way) English contract law, will be considerably assisted by the co-editors' own opening contribution to the book. Similarly, if one's interest in good faith relates to its place in Roman law, or in contract law ion the medieval ius commune, or in US contract law, then the contributions by, respectively Martin Joseph Schermaier, James Gordley, and Robert Summers will be required reading. However, the centrepiece of this book - its distinctive contribution to comparative private law scholarship in general and to an understanding of good faith doctrines (or their cognates) in particular - is the set of 30 case studies, discussion of which takes up the greater part of this volume. The purpose of this study, focused on the 30 hypothetical cases, is not so much to compare doctrinal technique and resource in contract law regimes across Europe; rather, the project is designed to reach beyond surface doctrinal difference to see how far there is a core of agreement as to good faith outcomes in Europe.' Modern Law R
Review of the hardback: '… the book … reasserts the classic comparative law notion of the functional unity of law.' The Edinburgh Law Review
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×Product details
- Date Published: December 2008
- format: Paperback
- isbn: 9780521088039
- length: 756 pages
- dimensions: 210 x 151 x 38 mm
- weight: 1.09kg
- contains: 1 table
- availability: Available
Table of Contents
Part I. Setting the Scene:
1. Good faith in European contract law: surveying the legal landscape Simon Whittaker and Reinhard Zimmermann
2. Bona fides in roman contract law Martin Josef Schermaier
3. Good faith in contract law in the medieval IUS commune James Gordley
4. The conceptualization of good faith in American contract law: a general account Robert S. Summers
Part II. The Case Studies: Case 1: Courgettes perishing: Discussions: editors' comparative observations
Case 2: Degas drawing: Discussions: editors' comparative observations
Case 3: Breaking off negotiations: Discussions: editors' comparative observations
Case 4. Formalities I: Discussions: editors' comparative observations
Case 5: Formalities II: Discussions: editors' comparative observations
Case 6. One bag too few: Discussions: Editors' comparative observations
Case 7: Late payment of rent: Discussions: editors' comparative observations
Case 8: Delivery at night: Discussions: editors' comparative observations
Case 9: Uniformity of outfit: Discussions: Editors' comparative observations
Case 10: Dissolution of partnership: Discussions: editors' comparative observations
Case 11: Untested motors working Discussions: editors' comparative observations
Case 12: No use for borrowed motorbike: Discussions: editors' comparative observations
Case 13: Inspecting the books: Discussions: editors' comparative observations
Case 14: Producing new bumpers: Discussions: editors' comparative observations
Case 15: Two cracks in a shed: Discussions: editors' comparative observations
Case 16: Drug causing drowsiness in driving: Discussions: editors' comparative observations
Case 17: Bank miscrediting customer: Discussions: editors' comparative observations
Case 18: Access to medical records: Discussions: editors' comparative observations
Case 19: Doctors swapping practice: Discussions: editors' comparative observations
Case 20: Prescription I: Discussions: Editors' comparative observations
Case 21: Prescription II: Discussions: Editors' comparative observations
Case 22: Sitting on one's rights: Discussions: editors' comparative observations
Case 23: Long term business relationships I: Discussions: editors' comparative observations
Case 24: Long term business relationships II: Discussions: editors' comparative observations
Case 25: Effect of inflation: Discussions: Editors' comparative observations
Case 26: 'Sale' of soccer player: Discussions: editors' comparative observations
Case 27: Disability insurance: Discussions: editors' comparative observations
Case 28: Crop destroyed by hail
Case 29: Divorce settlement: Discussions: editors' comparative observations
Case 30: Penalty for late delivery: Discussions: editors' comparative observations
Coming to terms with good faith Simon Whittaker and Reinhard Zimmermann.
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