“Good faith, bona fide, Treuglauben, buena fe ” is a very important principle in many different
aspects in our life. It has a different name in different countries and languages, but is it only
the name that differs, or does also the meaning differ from country to country?
Through my dissertation, I am taking the opportunity to further research and analyze the facts,
the theories, comments, opinions and the bibliography of the definition and the understanding
of the principle of good faith in the international trade. The subject, due to its international
character can have a very important role in the international transactions and contracts. The
reason of its importance is the tremendous effect on the international trade in the contractual
and precontractual obligations. The relevance increases due to the differing interpretation of
the principle in legal traditions.
Good faith is a principle which is not explicitly defined and regulated in the Vienna Convention
and therefore it can result to legal consequences for the parties before and during a binding
contract. My paper is going to provide a detailed overview of the subject, how it is enforced in
different states depending on the domestic law and morals of the countries, and also by
providing research based on case law, court decisions and their scientific interpretation.
The trigger point for me to choose defending this subject as my master thesis, was the lecture
on Transnational Commercial Law by Prof. Teresa Rodriguez de las Heras Ballell during the
last fall and the summer semester of the LL.M program of the International Hellenic University.
During this course, the professor offered us the opportunity to thorough analyze the United
Nations Convention on International Sale of Goods and also interpret the principles which are
not detailed listed in the Convention.
Through case solving technics used by the professor, my interest on the subject and on its
legal aspects increased. I noticed that, the “Good Faith” is found five times in the Vienna
Convention: in the Preamble, Art. 26, 31, 46, and 69 but none of them determines exactly how
it is to be enforced in the contractual obligations by the parties, especially by the seller. During
the lectures we were offered by the professor scientific commentary about article 7 of CISG. I
was interested in finding out more scientific information about the subject, and that is why I
believe that my thesis is my way to contribute in the research and interpretation of the good
faith principle in international trade.
Collections
Show Collections