This website uses cookies to ensure you have the best experience. Learn more

Good Faith Principle Essay

980 words - 4 pages

I. Introduction
The principle of good faith has been one of the most relevant general principles of the Continental European legal tradition. Emerging from the Roman law, good faith has gained a very important role in the general theory of contracts. Both legal traditions, Civil Law and Common Law have adopted this principle as a duty in which parties to a contract must perform their obligations. However, with regard to its application to concrete cases, both legal systems have articulated their own theories and analysis of this principle.
For the purpose of analyzing these different, and sometimes similar, approaches to the principle of good faith, I will begin by providing a general ...view middle of the document...

Having provided the definition of good faith, it is pertinent to analyze it within the two predominant legal cultures: Common Law and Civil Law, but before doing it so, I will briefly introduce both legal systems and establish the main conceptual distinctions between them.

III. Civil Law and Common Law - General Notions
Civil Law and Common Law are the two major legal traditions followed by most nations around the world. Although conceptual distinctions between them are noteworthy, a careful analysis sometimes reveals striking similarities. One of the aspects in which they may seem alike is in the conceptualization and the application of the principal of good faith in contract law. However, before delving into it, it is necessary to provide general notions of both legal systems and point out their major differences.
Civil Law emerged from the European Continent, its roots are found in ancient Roman law, German law and Canon law. Its main feature is that its core principles are codified, serving as the primary source of law. The two main examples of this codification process during the nineteenth and the twentieth centuries were France, with the Code Civil des Francais of 1804, also know as the Code Napoleon; and Germany, with the Burgerliches Gesetzbuch of 1900. Both codes were composed of several books containing the general principles of law, contracts, family law, torts, etc. This codification method was adopted by different countries of the Continental Europe, almost every country of Latin America, some African countries and some Southeast Asian countries as well.
One of the main characteristics of Civil Law is that Civil Law judges’ main task is to apply and interpret the law, arising either from a code or statute, in order to reach a resolution for each particular case. Civil Law trials and procedures are based in an inquisitorial system, which is a...

Find Another Essay On Good Faith Principle

faith based programs Essay

1542 words - 7 pages represent a portion of givers that make faith based programs run effectively (Willison, Brazzell, Kim 2010). Finding what works has been an uphill battle. Many have concluded that “nothing works”. Faith based programs like Innerchange Freedom Initiative (Prison Fellowship), The Horizon Program (Kairos), and The Life learning Program (Good News Jail and Prison Ministry) are on the rise because they address the struggles of moral and legal

The Importance of Faith of God in the Life of Abraham

1249 words - 5 pages good and one bad, it can be seen where Abraham had a lot of faith and where he lacks a great deal of it. Therefore this shows a great contrast between how much faith Abraham actually has. Out of the two examined, the Call was probably the most important as it was the first step towards God by Abraham, and he chose to take it. When taking into account the rest of Abrahams life it can be seen that there is occasions

Nathaniel Hawthrone's "Young Goodman Brown"

545 words - 2 pages his religion's teaching and had very strong faith in it that he could not bear any mistake, and judged everything from his own religion's principle. This fact made him occasionally unreasonable. When the devil told him about his ancestors, he was astonished in a twinkling, then instantly denied the truth. Actually, he might more or less believe the devil but tried to refuse it. After he realized that people in whom he strongly believed was on the

Blind Faith in Hawthorne's Young Goodman Brown

939 words - 4 pages Young Goodman Brown:  Blind Faith Is it possible for a man to be SO hypnotized by faith that he is incapable of apprehending the truth that surrounds him? Yes. The principle of faith centers heavily around the confident belief of an idea set by a person or community. In Nathaniel Hawthorne's "Young Goodman Brown," the faith of an individual conflicts with the faith of the community. The story takes place during the period where all devoted

The Life and Influence of Martin Luther

1652 words - 7 pages Luther attacked the doctrine of papal infallibility as the utter reversal of the principle of consensus.” In order to tear down the falsehoods perpetuated by the Catholic Church, Luther had to first attempt to discredit the papal claims of authority. Perhaps his most influential doctrine was faith alone saves. Still, “If ‘faith justifies without any works,’ it does not follow ‘that men are therefore to do no good works,’ but rather that the genuine

An Analysis of Theme in Hawthorne's Young Goodman Brown

943 words - 4 pages . In “Young Goodman Brown,” Nathaniel Hawthorne demonstrates that an idealistic faith in our fellow man’s righteousness could lead to disappointment, distrust, and fear. Nathaniel Hawthorne, like many writers, uses his stories to illustrate or criticize moral principles, and while it would be nice if they could simply state the principle, it seems using a story to illustrate the principle helps the reader understand better. According to Rena Korb

Loss of faith in Night

1419 words - 6 pages was saying good-bye to my father, to the whole universe, and against my will I found myself whispering the words…” ( ). Wiesel also still turns out to his faith as a source of comfort even when he isn’t a firm believer in it “We also spoke often about Palestine…We decided that if we were allowed to live until the Liberation, we would not stay another day in Europe. We would board the first ship to Haifa” ( ). This happens even though he didn’t

‘Ten Principles to Aid the Quest for Peace in the Middle East’ - Article Analysis

1180 words - 5 pages interest of any party. This is relevant principle because the incapability and unwillingness of two authorities can lose the faith of individuals, thus, it should be better to change the team (Pagell & Halperin, 2004). The team is not able to think strategically and communicate the information effectively, which make the process of negotiation unproductive and unsuccessful. The second principle of negotiation structure proposes that if the regions

Igniting the Faith of the People

2687 words - 11 pages available, all an individual has to do is have faith and believe and nothing will be impossible. Jesus made this so easy there are no prerequisites to be accepted. Faith is so easy sometimes it can be hard this is the very reason Jesus had to come to the earth so this principle can be demonstrated and left behind so one can follow. This was Jesus true intentions to redeem the people from the curse of the law and educate them on the principles of

Explain how the principal beliefs of Christianity as they are expressed in the Bible, influence the lives of adherents

1572 words - 7 pages of God, hence assisting them in understanding and worshiping God. It also helps Christian believers to recognize the presence of God within history and subsequently, their own lives, while directing adherents away from human notions of patriarchy and labeling. Furthermore, the act of revelation is another principle belief within the Christian faith. Revelation is the transmission of knowledge from God to mankind and is seen as a means of

A Freudian Reading of Hawthorne's Young Goodman Brown

1806 words - 7 pages "the mediator".             All of the characters' names in this tale mean more than figuratively assumed names. With such a common surname for Goodman Brown, Hawthorne assesses human proneness to evil. Therefore, one must experience some evil forces and outcomes of the outer world to be able to make a distinction between the good and the bad, so they recognize and resist the immoral. On the other hand, Faith does not stand only for the name

Similar Essays

State Of Good Faith In English Contract Law

2900 words - 12 pages The law of contract in many legal systems requires that parties should act in good faith. English law refuses to impose such a general doctrine of good faith in the field of contract law. However, despite not recognizing the principle, English contract law is still influenced by notions of good faith. As Lord Bingham affirmed, the law has developed numerous piecemeal solutions in response to problems of unfairness. This essay will seek to

How Aquinas And Ockham Relate And Differ In Faith Reason And The Problem Of Universals

641 words - 3 pages can be a virtue, since it is a good habit, productive of good works. Aquinas elucidates the relationship between faith and reason on the basis of a distinction between higher and lower orders of creation. We know that every ordered pattern of nature has two factors that concur in its full development: One on the basis of its own operation; the other, on the basis of the operation of a higher nature. A great example is water: In a lower pattern

Qualifying For Restitution Fo Unjust Enrichment

976 words - 4 pages defendant. For instance, in the landmark case of Lipkin Gorman v Karpnale, it states that, "If the plaintiff pays money to the defendant under a mistake of fact, and the defendant then, acting in good faith, pays the money or part of it to charity, it is unjust to require the defendant to make restitution to the extent that he has so changed his position.’ In such cases, Lord Goff stated change of position is a good defence when performed in good

Christianity, Politics, And George Bush Essay

1101 words - 4 pages Christianity, Politics, and George Bush I feel that I am in the minority. I am a good-natured Christian without a political allegiance. I believe in the power of faith, sacrifice in defense of the public good, and “staying the course.” I trust God's will and others who do the same. I also believe in using the intelligence, talent, and judgment I was blessed with to help others and to promote my religion. This is my purpose and goal as a