Publication details
Limitující funkce dobré víry v právu mezinárodních obchodních smluv
| Title in English | Limitative Function of Good Faith in International Commercial Contracts |
|---|---|
| Authors | |
| Year of publication | 2010 |
| Type | Article in Proceedings |
| Conference | COFOLA 2010: the Conference Proceedings |
| MU Faculty or unit | |
| Citation | |
| Field | Law sciences |
| Keywords | Abuse of Rights; Contract; Good Faith; Exceptio doli; Limitative Function |
| Description | This paper offers some thoughts on the role of good faith in limiting the exercise of contractual rights. First of all, it seeks to elucidate that there has been a close link between good faith and abuse of contractual rights. Subsequently, the paper explains the relation between good faith and abuse of rights in national laws. Afterwards, a particular attention is paid to the reaction of the UNIDROIT Principles and the Draft Common Frame of Reference on the abuse of contractual rights. In conclusion, this paper argues that good faith limits the abusive exercise of contractual rights both at national and international level. Thus, there is no need for the separate doctrine of abuse of rights at international level. |