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The Roots And Fruits Of Good Faith In Domestic Court Practice, Thomas Neumann
The Roots And Fruits Of Good Faith In Domestic Court Practice, Thomas Neumann
Pace International Law Review
Good faith—most lawyers have an opinion on these two words. While the notion of good faith may play specific roles at domestic and regional levels, it remains an elusive siren at the international level. The concept was subject to controversy at the birth of the 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG) and has been debated by scholars ever since. Considering that the Convention has now been in force for over thirty years, it is agreed that time is ripe for “a call to arms for further research into a uniform standard of good …
Good Faith – The Gordian Knot Of International Commerce, Bruno Zeller, Camilla Baasch Andersen
Good Faith – The Gordian Knot Of International Commerce, Bruno Zeller, Camilla Baasch Andersen
Pace International Law Review
This paper argues that good faith cannot be defined and furthermore that there is no need to define good faith as it takes on meaning when applied to facts. Hence an explanation or application of good faith is defined by its function namely to enforce the expected performance of both parties. It is further argued that the function of good faith will determine which fact pattern has to be found by a court in order to determine the expected performance of the contractual parties. It follows that good faith is the legal concept which allows courts to do justice and …