GOOD FAITH AND THE CONTENTS OF CONTRACTS IN EUROPEAN PRIVATE LAW

Matthias E. Storme (Catholic University of Leuven and the University of Antwerp)

In this contribution, first some conclusions from comparative research and legal theory are drawn; next, 'good faith' in the Principles of European Contract Law is dealt with. The author does not intend to present to the reader a comparative overview as such, as there are excellent recent publications, such as Good Faith in European Contract Law, edited by Reinhard Zimmermann and Simon Whittaker. At the end of the second part, the author tries to indicate the specific role good faith can play in a multi-level legal system such as the actual or future European contract law.

Cite as: Matthias E. Storme, Good Faith and the Contents of Contracts in European Private Law, vol 7.1 ELECTRONIC JOURNAL OF COMPARATIVE LAW, (March 2003), <http://www.ejcl.org/71/art71-1.html>

Contents
I. Good faith in our legal systems in general
I.1 Three dimensions and three paradoxes
I.2 Rule of construction versus rule of behaviour: Mechanisms of containment
II. Good faith and the contents of contracts in the Principles of European Contract Law (PECL)
II.1 The notion of good faith and fair dealing
II.2 The contents of contracts under the PECL
II.2.a General contract law and specific contracts
II.2.b How the contents are determined: Sources of content
II.2.b.1 Express terms
II.2.b.2 Rules to determine undetermined terms
II.2.b.3 Default rules on the modalities of performance
II.2.b.4 Statements giving rise to contractual obligations
II.2.b.5 Specific additional remedies in general contract law
II.2.b.6 Other - sources of - implied terms
II.3 Vague norms and multi-level European law
II.3.a The formal/institutional dimension of vague norms in the PECL
II.3.b Vague norms as an instrument to organise sustainable diversity
Notes

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