Sąžiningumo principas sutarčių teisėje

Abstract

This article analyzes the role of the principle of good faith in the law of contracts. The author provides analyze of literature, laws and courts decisions related to good faith principle. The comparative and historical analysis helps to reduce the concept of the principle as well as the tendency of its application and objectivity in different countries such as Germany, France, England and United States of America. In addition, there are ways of good faith application and the problems concerned with it emphasized in this article. The main attention is payed to the countries that imply good faith theory in their law system hundreds of years. One of the most important things to be said about the topic under consideration is that the states where the private law is codified the good faith principle is like a tool allowing the courts to correct and develop the laws, new rules. Hence such situation requires the courts to justify clearly why in concrete case there is a need to resolve a factual situation differently than prescribed in existing law and emphasize the reasons why the chosen solution is the most appropriate. In the end of the article it is said that even though the good faith is treated differently in common and continental law systems, the influence of the principle is obvious in development of that countries private law.