Harmonisation of Contract Law: In Search of a Solution to the Good Faith Problem

Munukka, Jori

Harmonisation of Contract Law: In Search of a Solution to the Good Faith Problem

in: Perspectives on Jurisprudence: Essays in Honor of Jes Bjarup, pp. 229-250, 2005, Stockholm Institute for Scandinavian Law; ISBN: 91-85142-62-X

22 Pages Posted: 3 Nov 2017

See all articles by Jori Munukka

Jori Munukka

Faculty of Law, Stockholm University

Date Written: November 1, 2017

Abstract

The legal systems of the World have difficulties in harmonising their general contract laws. One major obstacle is the approach to the requirement of good faith or contractual loyalty. The theoretical explanations or foundations of this requirement differ strongly between the legal systems. Here, it is suggested that a way around the obstacle is to explain the existence of the requirement with contractual proportionality.

Keywords: theretical foundation, concept, good faith, fair dealing, duty of loyalty, contract law, English law, Swedish law, common law, Nordic law

JEL Classification: K10, K12, K15

Suggested Citation: Suggested Citation

Munukka, Jori, Harmonisation of Contract Law: In Search of a Solution to the Good Faith Problem (November 1, 2017). in: Perspectives on Jurisprudence: Essays in Honor of Jes Bjarup, pp. 229-250, 2005, Stockholm Institute for Scandinavian Law; ISBN: 91-85142-62-X, Available at SSRN: https://ssrn.com/abstract=3063258