Zależności między dorobkiem kontynentalnego prawa prywatnego a common law na przykładzie kryterium dobrej wiary w dziedzinie umów zobowiązaniowych

Abstract

The growth in prominence of the good faith standard in contract law under different common law jurisdictions informs an advanced research on to what extent the juridical concepts characteristic of the civil law framework may impact the Anglo-American legal sphere. This course of development can be exemplified by the recent debate in English law over the acceptance of a general requirement of good faith in contract performance. Of particular importance is the latest explanation advanced by a part of the English judiciary, leading towards the recognition of an implied good faith duty in relational contracts. Given that the absence of an overarching duty to act in good faith is considered to be the factor that markedly distinguishes English law from civil legal systems, an enquiry into the underpinnings of such a change of position is warranted with a view to providing further insights into the interdependencies between the two legal traditions. Confronting the evolving perception of good faith under common law with the juridical experience of continental private law shall contribute to reviewing from an enhanced, cross-jurisdictional perspective the system of value-laden general clauses and standards in contract law.