The Good Faith in European Contract Law Project

Trust law is one of the arguments often advanced to demonstrate the supposedly fundamental divide between civil law and common law. Another one is the absence, in English law, of a general notion of good faith.

Common lawyers tend to regard good faith as 'an invitation to judges to abandon the duty of legally reasoned decisions and to produce an unanalytical incantation of personal values'³⁶⁶ and to be averse to a general provision such as the one contained in § 242 BGB.³⁶⁷ Just how big are the differences when one leaves behind the most general level of propositions? This was one of the questions that induced a team of lawyers drawn from fourteen Western European jurisdictions to analyse thirty typical sets of facts according to their national legal systems.³⁶⁸

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