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Journal articles on the topic 'Commercial good faith'

Author: Grafiati

Published: 4 June 2025

Last updated: 1 August 2025

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1

Snyderman, Mark. "What's So Good about Good Faith? The Good Faith Performance Obligation in Commercial Lending." University of Chicago Law Review 55, no. 4 (1988): 1335. http://dx.doi.org/10.2307/1599790.

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2

Sentosa, Muhammad Amin, Siti Malikhatun Badriyah, and Yunarto. "Good Faith Principles in International Business Contract Law." International Journal of Law and Politics Studies 5, no. 2 (2023): 27–33. http://dx.doi.org/10.32996/ijlps.2023.5.2.3.

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This study aims to analyze the principles of good faith in international business contract law. The results showed that the principle of good faith is an honest transaction which has 3 main elements, namely: First, good faith and honest transactions as the basic principles underlying the contract; Second, the principles of good faith and honest transactions in the UPICCS (UNIDROIT Principles of International Commercial Contracts) emphasize the practice of international trade; Third, the principles of good faith and honest transactions are compelling. The objective is to encourage the applicati

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3

Ma, Li. "The Connotation and Construction Path of the Principle of Good Faith from the Perspective of Civil and Commercial Law." Advances in Multimedia 2022 (September 2, 2022): 1–11. http://dx.doi.org/10.1155/2022/5474361.

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In order to explore the connotation and construction path of the principle of good faith from the perspective of civil and commercial law, this paper combines intelligent algorithms to analyze the connotation and construction path of the principle of good faith from the perspective of civil and commercial law. Moreover, this paper presents a topology network specially used to improve the energy absorption efficiency of the isolation resistor used in the power divider and theoretically analyzes the effectiveness of the isolation topology. In addition, this paper further optimizes the topology o

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4

Tosato, Andrea. "Commercial Agency and the Duty to Act in Good Faith." Oxford Journal of Legal Studies 36, no. 3 (2016): 661–95. http://dx.doi.org/10.1093/ojls/gqv040.

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5

Mulhadi, Mulhadi, and Dedi Harianto. "Utmost good faith principle in Indonesian insurance law as a legal reason to harm the insured party." Insurance Markets and Companies 13, no. 1 (2022): 81–89. http://dx.doi.org/10.21511/ins.13(1).2022.07.

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The principle of utmost good faith has been recognized as one of the essential principles in insurance, and its practice in other countries has been fairly applied to both parties. It is suspected that this insurance principle in regulation and its implementation in Indonesia only burdens one unilateral. Therefore, this study aims to prove the allegation that the principle of utmost good faith favors only the insurer and its application in dispute resolution directed at harming the insured party. This study uses a case study approach, with five insurance legal cases in the form of court decisi

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6

Semyakin, Mikhail N. "The Origin of Good Faith in Corporate Relations between Commercial Companies: The Theoretical and Practical Aspect of the Study." Jurist 1 (January 12, 2023): 39–44. http://dx.doi.org/10.18572/1812-3929-2023-1-39-44.

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The article reviews the origin of good faith in corporate relations between commercial companies, the correlation and interrelation of this category and civil law principles, provides an approximate list of good faith criteria in the indicated sphere and describes some judicial practice of their application.

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7

Tassoni, Alberto. "Good Faith in English Contract Law: Should the Law Retreat?" Business Law Review 44, Issue 5 (2023): 160–71. http://dx.doi.org/10.54648/bula2023020.

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English courts have traditionally adopted a highly restrictive approach when implying good faith terms in commercial contracts. However, a series of recent judgments has seemed to depart from this tradition. In this paper, first, I reinforce and expand upon arguments that doctrinal support for the implication of such terms is lacking. Second, I clarify why the semantic behaviour of ‘good faith’, contrary to what is typically claimed, does not amount to innocent context-sensitivity. I present a new account of what is distinctively objectionable about implying good-faith terms and also demonstra

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Sidkin, Stephen. "Territory Reduction, Repudiation and the Commercial Agents’ Regulations." Business Law Review 28, Issue 1 (2007): 2–4. http://dx.doi.org/10.54648/bula2007001.

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Certain provisions in an agency agreement, such as an ability by the principal to reduce the territory or market covered by an agent, arguably have the effect of eroding the value of the agency. This article considers the recent case of Vick v Vogle-Gapes [2006] EWHC 1579 (QB) and the extent to which such behaviour by the principal is constrained by the Commercial Agents (Council Directive) Regulations 1993 (“the Regulations”), with particular regard to the mandatory compensation provisions and the obligation on the principal to act in good faith. The case shows an inclination in the English c

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9

Chapman, Simon. "Multi-tiered Dispute Resolution Clauses: Enforcing Obligations to Negotiate in Good Faith." Journal of International Arbitration 27, Issue 1 (2010): 89–98. http://dx.doi.org/10.54648/joia2010006.

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A recent Australian decision enforcing a multi-tiered arbitration clause requiring the parties to hold “genuine and good faith negotiations” attempts to give legal effect to the (frequently expressed) intentions of commercial parties. However, the decision raises a number of concerns about how any obligation to negotiate in “good faith” should be defined. This article explores these issues in greater detail, contrasting the position in Australia with that in England and Wales.

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10

Nhlengetwa, Sandile. "The concept of good faith in the law of contract: Redefined and reimagined." Pretoria Student Law Review 17, no. 1 (2023): 74–88. https://doi.org/10.29053/pslr.v17i1.5095.

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In civil, and some common law, jurisdictions, good faith is recognised as a fundamental principle informing the law of contract and is often invoked by some law courts to set aside contracts found not to have been concluded in good faith. It is a counterpoise to the dominant idea of freedom of contract. Whilst it cannot be denied that the Constitution of the Republic of South Africa, 1996 has had a positive impact on the doctrine of good faith in South African jurisprudence, good faith still has a larger role to play to ensure justice and fairness whilst preventing commercial immorality. It is

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11

Trakman, Leon E., and Kunal Sharma. "THE BINDING FORCE OF AGREEMENTS TO NEGOTIATE IN GOOD FAITH." Cambridge Law Journal 73, no. 3 (2014): 598–628. http://dx.doi.org/10.1017/s000819731400083x.

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AbstractThis article evaluates the established judicial proposition that an agreement to negotiate in good faith is antithetical to the principles of the common law. English courts are reluctant to enforce such agreements on the ground that they constitute unenforceable “agreements to agree”. Recently, courts have started to recognise an exception in cases where parties agree to negotiate over a term mandated by an existing agreement, such as to review a price clause or resolve a dispute by undertaking negotiations in good faith. The primary arguments against enforcing an independent agreement

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12

Shim, Chongseok, and Ho Kim. "Legal Bases for the Principle of Good Faith in International Commercial Contracts." Advanced Science Letters 23, no. 10 (2017): 9457–60. http://dx.doi.org/10.1166/asl.2017.9724.

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Zaytseva, N. V. "THE PRINCIPLE OF GOOD FAITH AND ITS IMPACT ON THE CLASSIFICATION OF LEGAL BONDS." Вестник Пермского университета. Юридические науки, no. 49 (2020): 476–501. http://dx.doi.org/10.17072/1995-4190-2020-49-476-501.

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Introduction: this article looks into the matter of how the principle of good faith, as applied in different legal systems, impacts the legal bonds between commercial entities, depending on whether such bonds actually exist or not, and in the context of classification of key contractual terms. Being essentially abstract, the principle of good faith can be interpreted in different ways from a legal perspective and, therefore, may entail different legal consequences, which, on the one hand, can close the legal and contractual gaps but, on the other hand, can give rise to legal uncertainty and de

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Jaephil Hahn. "The Principle of Good Faith in International Commercial Transaction -with a special emphasis on Supranational Commercial Law-." KOREA INTERNATIONAL COMMERCIAL REVIEW 23, no. 3 (2008): 107–27. http://dx.doi.org/10.18104/kaic.23.3.200809.107.

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Amayreh, Osama Ismail Mohammad, Izura Masdina Mohamed Zakri, Pardis Moslemzadeh Tehrani, and Yousef Mohammad Shandi. "The Principle of Good Faith in the Palestinian Civil Code Draft and Its Role in Maintaining Economic Contractual Equilibrium at the Pre-Contracting Phase." Journal of Politics and Law 12, no. 3 (2019): 113. http://dx.doi.org/10.5539/jpl.v12n3p113.

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The jurisprudential and judicial legal trend tends to apply the principle of good faith at the pre-contracting phase as one of the most substantial principles governing this phase, since it is inconceivable that the parties are to negotiate in bad faith, and then must implement the contract in good faith, in accordance with the traditional legal rule that &ldquo;fraud spoils everything it touches&rdquo;. However, the Palestinian legislature has ignored enacting legal provisions obliging the parties to abide by the principle of good faith in the pre-contracting phase causing a legislati

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Soemartono, Gatot P. "Inequality of the principle of utmost good faith in insurance law: Lessons from Indonesia." International Journal of Innovative Research and Scientific Studies 8, no. 3 (2025): 5016–25. https://doi.org/10.53894/ijirss.v8i3.7701.

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This article aims to critically review the existence of the unbalanced application of the utmost good faith principle within Indonesia’s insurance industry. It also examines the implications of the recent Constitutional Court decision, which conditionally declared the utmost good faith in Article 251 of the Indonesian Commercial Law Code unconstitutional. The study employs normative legal research using primary and secondary legal materials, focusing on laws and insurance regulations, case law, court decisions, and legal principles relevant to the research topic. The findings indicate that, de

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17

Kwangmyung Woo. "Case Study on the Principle of Good Faith to Apply in International Commercial Transaction." Journal of International Trade & Commerce 9, no. 4 (2013): 1–28. http://dx.doi.org/10.16980/jitc.9.4.201309.1.

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18

Van Schilfgaarde, Peter. "System, good faith and equity in the New Dutch Civil Code." European Review of Private Law 5, Issue 1 (1997): 1–10. http://dx.doi.org/10.54648/149354.

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A codification should be a system, not just a collection of rules. The New Dutch Civil Code makes a serious effort in this direction. The system and the ideas behind it are consistent with the Unidroit Principles for International Commercial Contracts and the Principles of European Contract Law. The Code puts a lot of emphasis on reasonableness and equity (good faith and fair dealing). In the eyes of many this endangers the predictability of the rules. It is submitted that this view is wrong. Equity is not a vague concept linked to the ideas of an average citizen. Equity is part of the system.

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Farina, Marco, and Demetrio Maltese. "Theory of the Firm and Organisational Contracts: The Remedial Aspects of Good Faith." European Business Law Review 27, Issue 1 (2016): 51–83. http://dx.doi.org/10.54648/eulr2016003.

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The aim of this paper is to investigate which conceptual place long-term contracts have within the legal system and how the theory on relational contracts fits within a general theory of justice that has an objectification in a doctrine of good faith. We present a definition of commercial long-term contracts and give examples as to understand how, within the wide range of contracts that can fall within this definition, some can have an organisational colour. After this, we examine the good faith doctrine as understood and employed in both common and civil law jurisdictions; the paper provides

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Gunay, Ece Deniz, and Gozde Engin Gunay. "THE TURKISH AND AZERBAIJANI LAWS ON UNFAIR COMPETITION VIA STANDARDISED TERMS OF CONTRACT - ASSESSMENTS AND SUGGESTIONS." Journal of Nusantara Studies (JONUS) 6, no. 1 (2021): 309–22. http://dx.doi.org/10.24200/jonus.vol6iss1pp309-322.

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This paper presents a comparative analysis between Turkish and Azerbaijani law systems and it attempts to evaluate whether the usage of standardised terms of contract in a way that causes the infringement of the principle of good faith forming unfair competition. Standardised terms are pre-prepared without negotiating with the other contracting parties. The paper highlights that the two countries have strong connections, especially in economic and commercial terms which render even more important convergence of legal regulations. In this respect, upon examining the regulations on standardised

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21

Campbell, Mark. "Setting aside arbitral awards in Singapore: due process and good faith obligations." Arbitration International 36, no. 3 (2020): 429–40. http://dx.doi.org/10.1093/arbint/aiaa028.

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Abstract The Singapore Court of Appeal in CMNC v Jaguar Energy has offered clarification on what it identified as an ‘important area of arbitration law’: ie the correct approach to alleged violations of due process by tribunals in their management of the arbitral procedure. The case involved setting aside proceedings in the context of a complex dispute further complicated by the parties’ prior agreement for an expedited procedure. The Court of Appeal judgment takes a robust approach towards alleged due process violations. It emphasizes that the matter must be assessed according to a test of re

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Du Plessis, Hanri Magdalena. "Legal Pluralism, uBuntu and the Use of Open Norms in the South African Common Law of Contract." Potchefstroom Electronic Law Journal 22 (October 23, 2019): 1–37. http://dx.doi.org/10.17159/1727-3781/2019/v22i0a6456.

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In this article, a comparison is drawn between the role of good faith in the development of the Roman law of contract and the emerging role of ubuntu in the South African common law of contract. Firstly, it is shown how the Romans realised that their existing formal and rigid laws could not address the changing legal needs of the community due to the influx of foreigners (especially foreign traders) into Rome. In reaction to the changing commercial environment, they introduced flexible legal procedures and a more normative approach to these legal transactions to achieve fairness and justice be

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23

Michaela, Michaela. "Juridical Analysis of IPR Decision No. 438K/Pdt.Sus-Hki/2018 Concerning the "Lexus" Brand Dispute Between Marzuki Tan and Toyota Jidosha Kabushiki." QISTINA: Jurnal Multidisiplin Indonesia 3, no. 2 (2024): 1576–86. https://doi.org/10.57235/qistina.v3i2.4240.

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The "LEXUS" brand dispute between Marzuki Tan and Toyota Jidosha Kabushiki is one of the important cases in intellectual property law in Indonesia. The Commercial Court at the Central Jakarta District Court and the Supreme Court assessed that the registration of the trademark "LEXUS" by the Defendant was carried out in bad faith. In deciding this case, both courts considered various legal elements, including the substantial similarities between the mark registered by the Defendant and the well-known mark owned by the Plaintiff. This similarity, including visual, phonetic and conceptual aspects

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Seo, Seong Ho. "A Study on the Legal Relationship between the Company and Shareholders and the General Meeting of Shareholders and the Possibility of Clarification : Starting with the review of recent commercial law amendments (proposals) and controversies such as the obligation to fulfill the directors." Legal Studies Institute of Chosun University 31, no. 3 (2024): 61–88. https://doi.org/10.18189/isicu.2024.31.3.61.

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Recently in Korea, arguments have been raised that it is necessary to revise the Commercial Act in order to crystalize the duty of faith by directors stipulated in Article 382-3, and the following proposals have been raised for revision of the Commercial Act; 1. While there have been proposals for a revised act that explicitly states the duty of faith by directors to shareholders, especially the duty of faith to protect minority shareholders, 2. On the other hand, there have been arguments that the duty of care of good manager by directors should not effected as provisions applying the Civil C

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Brisov, Yu V. "Responsibility of the Executive Body of a Legal Entity for Fraud." Actual Problems of Russian Law, no. 9 (October 5, 2019): 174–84. http://dx.doi.org/10.17803/1994-1471.2019.106.9.174-184.

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The paper discusses various legislative and enforcement approaches in the Russian Federation, USA, and Great Britain; compares the various provisions of the Plenums of the Supreme Arbitration Court of the Russian Federation and the Armed Forces of the Russian Federation on issues of good faith; analyzes the application of these provisions by the courts when considering issues of holding directors to account as a result of malpractice that entailed property damage. By the example of consideration of a number of key cases from the law enforcement practice of the courts of the Anglo-American syst

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Leimgruber, Stefan. "Declaratory Relief in International Commercial Arbitration." ASA Bulletin 32, Issue 3 (2014): 467–89. http://dx.doi.org/10.54648/asab2014053.

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Declaratory relief has become a common remedy in international arbitration. While it is widely accepted that arbitral tribunals have the power to render declaratory awards, it is controversial whether the granting of declaratory relief is subject to the same or similar restrictions in international arbitration as before state courts. This article examines the nature of and the limits on declaratory relief and proposes a systematic and user-friendly approach to dealing with requests for declaratory relief before international arbitral tribunals. While, absent an agreement of the parties to the

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Ronni Prima Dinata. "ESTABLISHMENT OF HONESTY PRINCIPLES APPLICATION POLICY IN FIRE INSURANCE AGREEMENTS IN INDONESIA." JILPR Journal Indonesia Law and Policy Review 3, no. 1 (2021): 1–10. http://dx.doi.org/10.56371/jirpl.v3i1.60.

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A form of insurance that guarantees loss and damage due to fire or the risk of its expansion affecting the object of coverage Objects that can be insured are in the form of your property in the form of residential buildings, shop houses, warehouses, factories, office buildings, hotels, household furniture, home appliances, machinery , merchandise, inventory of raw materials or finished goods, and so on in accordance with the Indonesian Fire Insurance Standard Policy (PSAKI). This insurance is also known as All Property Risk Insurance. In the law or insurance agreement there is the principle of

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Nugraha, Sandi. "PENERAPAN ASAS KEJUJURAN DALAM PERJANJIAN ASURANSI KEBAKARAN DI INDONESIA." Journal Evidence Of Law 2, no. 1 (2023): 1–11. http://dx.doi.org/10.59066/jel.v2i1.236.

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A form of insurance that guarantees loss and damage due to fire or the risk of its expansion affecting the object of coverage Objects that can be insured is in the form of your property in the form of residential buildings, shop houses, warehouses, factories, office buildings, hotels, household furniture, home appliances, machinery, merchandise, inventory of raw materials or finished goods, and so on in accordance with the Indonesian Fire Insurance Standard Policy (PSAKI). This insurance is also known as All Property Risk Insurance. In the law or insurance agreement, there is the principle of

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ЧИРИЧ, Александр. "International character, interpretation and the principle of good faith in the application of sources of law in arbitration practice." Revista Naţională de Drept 10-12(216-218) (December 15, 2018): 68–77. https://doi.org/10.5281/zenodo.3357926.

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Resolving disputes of international character by both international commercial arbitration courts and national courts, based on international legal sources and their norms, is an important contribution to legal science. Arbitration practice should harmonize the existing differences between the rules of national legislation, giving a special significance to the interpretation of the sources of international trade law.

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Tuan, Nguyen Manh. "Implementing Multi-Tiered Dispute Resolution Clauses: Recommendations for Vietnam." Vietnamese Journal of Legal Sciences 12, no. 3 (2024): 88–101. https://doi.org/10.2478/vjls-2024-0022.

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Abstract In most commercial contracts, the parties often prioritize the application of measures to resolve conflicts in good faith such as dispute resolution board or mediation prior to arbitration (also known as alternative dispute resolution, ADR). Problems occur when one of the parties does not comply with the pre-arbitration proceedings designed in the contract. Currently, the 2010 Law on Commercial Arbitration does not clearly stipulate the validity and enforceability of the multi-tiered clause, leading to different courts making different decisions on the consequences of violating the pr

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Tejo, Eko Susanto, Hernawati RAS, and Yeti Kurniati. "Application of the Principle of Balance and Justice to Debtors Who Do Not Act in Good Faith Based on Law Number 37 of 2004 Concerning Bankruptcy and Suspension of Payment." International Journal of Scientific Research and Management (IJSRM) 13, no. 05 (2025): 662–76. https://doi.org/10.18535/ijsrm/v13i05.lla01.

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The development of the economy in Indonesia has an impact on the development and problems of commercial law. Along with the development of the times, the suspension of payment mechanism is often misused by debtors who want to postpone their debt payment obligations to their creditors in bad faith, such as: using fake debt agreements, involving fictitious creditors, filing several legal efforts, and various other methods with the aim of buying time. The author is interested in examining how the principle of balance and the principle of justice are applied to applications for suspension of payme

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Cordero-Moss, Giuditta. "Interpretation of Contracts in International Commercial Arbitration: Diversity on More than One Level." European Review of Private Law 22, Issue 1 (2014): 13–35. http://dx.doi.org/10.54648/erpl2014002.

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Abstract: There is a diffuse sentiment that international arbitration is more apt in understanding the interests of the parties than national courts are. Does this mean that arbitrators are more disposed than national courts to relying on the language of the contract and to disregarding possible interference from national law - including also principles such as the principle of good faith? Alternatively, do they more readily rely on considerations of good faith, on the economic interests that are at stake, on trade usages and the like than national courts do? Considering the impact of differen

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33

Brutti, Nicola. "The Languages of Contract: A Comparative Law Perspective with a Focus on the CISG." European Business Law Review 33, Issue 2 (2022): 243–66. http://dx.doi.org/10.54648/eulr2022008.

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In nowaday’s international trade, the contracting parties often come from a different linguistic background. As a consequence, the use of foreign languages in contractual relationships raises many issues the implications of which are often underestimated. They are thereby analysed in a comparative law perspective and with reference to the CISG experience.Before invoking consent defects and invalidity, a central role must be devoted to the interpretation of contract. In particular, we have to mention the following criteria: the principle of good faith/fairness, the binding effects of agreed usa

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Stryjniak-Puza, Marta, and Adam Zienkiewicz. "Participating in Bad Faith in an Attempt to Voluntarily Resolve a Commercial Dispute Before Filing a Lawsuit." ADR. Arbitraż i mediacja 16, no. 1 (2025): 115–32. https://doi.org/10.17951/adr.2023.1.115-132.

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The article is of a scientific and research nature and covers a theoretical and dogmatic-legal analysis of Article 45812 of the Code of Civil Procedure, with particular attention to the assessment of the good and bad faith of the participants in an attempt to settle a commercial dispute amicable before filing a lawsuit. The article also aims to draw attention to the real benefits for disputing parties and for the justice system as a whole that amicable settlement of disputes brings in cases that due to such solution do not have to be adjudicated in court. The originality and universality of th

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Halla, Slavomír. "Non-Signatories in International Commercial Arbitration: Contesting the Myth of Consent." International and Comparative Law Review 18, no. 2 (2018): 59–84. http://dx.doi.org/10.2478/iclr-2018-0038.

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Abstract Consent, the final frontier. International commercial arbitration is a dispute resolution mechanism embedded in consent of the parties involved. Presentation of such a mutual understanding is done through an arbitration agreement. However, the aim of this paper is to analyse whether its contractual, indeed consensual, nature is the only element which the courts use to identify the subjects who may compel or must be compelled to arbitrate disputes, or whether they employ other considerations as well. The paper will focus on extension doctrines which might be less known even to a profe

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Summers, Clyde W. "Similarities and Differences between Employment Contracts and Civil or Commercial Contracts." International Journal of Comparative Labour Law and Industrial Relations 17, Issue 1 (2001): 5–24. http://dx.doi.org/10.54648/337846.

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There is much less freedom of contract in employment contracts than in commercial contracts because of extensive statutory prescription of terms, and individual freedom is further limited by collective agreements. These limitations are predominately limitations on the terms which an employer can impose. They are purposely designed to protect workers from the imbalance of bargaining power in the labor market. General comparisons between countries focuse on comparisons of the extent to which the law, statutory and non-statutory, limits freedom of contract in employment contracts. In some countri

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37

Hassan, Banjo A., Olufemi A. Ogunkoya, Oludayo O. Ariyo, and Hassanat A. Hassan. "Work Pressure and Ethical Work Behaviour of Insurance Sales Representatives in Lagos, Nigeria." AKSU Journal of Administration and Corporate Governance 4, no. 4 (2024): 1–12. https://doi.org/10.61090/aksujacog.2024.058.

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This study aimed to explore the effect of work pressure on the ethical work behaviour of selected sales reps from the insurance industry in Lagos, Nigeria’s commercial capital. This is against the backdrop that salesmen are given high and tasking targets with timelines that can induce pressure for resorting to unethical means to achieve them. We measured work pressure with three constructs (workload, work demand and time pressure), while ethical work behaviour was measured with transparency and utmost good faith. In total, 147 retail sales representatives selected randomly from three insurance

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Liu, Yating. "Research on the Issue of Buyer Rules in Normal Business Operations." Scientific Journal Of Humanities and Social Sciences 7, no. 8 (2025): 230–34. https://doi.org/10.54691/ds3mnz68.

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The normal operation buyer rule originally only applied to floating mortgages of movable property, but Article 404 of the Civil Code elevated it to the general field of movable property mortgages, which is an expanded application that conforms to the original intention of the mortgage system and the coordination requirements of the property rights code. The normal operation buyer rules contain various value concepts such as transaction value, efficiency value, fairness value, and trust value, which are the institutional arrangements that should be made for the development of commercial transac

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Klimaszewska, Anna. "Ordonans o handlu lądowym z 1673 roku (Kodeks Savary'ego)." Czasopismo Prawno-Historyczne 61, no. 1 (2009): 103–24. http://dx.doi.org/10.14746/cph.2009.1.5.

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The Ordinance of Commerce was the first codification of commercial law which contained many provisions that regulated the accepted commercial practices. Consequently, it became very successful both in France and beyond its borders. It also created the French doctrine of commercial law. However, objective factors as well as a narrow approach of the main legislator – creator of the Act – led to a situation in which the ordinance, although useful for the practitioners, or traders, presented many imperfections on the theoretical side. Members of the Committee were too prudent and avoided general,

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40

Lando, Ole. "Is Good Faith an Over-Arching General Clause in the Principles of European Contract Law?" European Review of Private Law 15, Issue 6 (2007): 841–53. http://dx.doi.org/10.54648/erpl2007048.

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Abstract: In this article, O. Lando investigates if good faith can be considered an overarching principle in European contract law. It looks at the principle from a historical and comparative law perspective. In all continental European countries a general principle of good faith can be found. The principle is also encountered in the Principles of European Contract Law, the Unidroit Principles of Commercial Contracts and, to some extent, in the Vienna Convention on the International Sale of Goods. However, in English law good faith is not treated as an over-arching principle, although the prin

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Multimedia, Advances in. "Retracted: The Connotation and Construction Path of the Principle of Good Faith from the Perspective of Civil and Commercial Law." Advances in Multimedia 2023 (August 16, 2023): 1. http://dx.doi.org/10.1155/2023/9872814.

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Lee, Dongjin. "The Abuse of Authority in the Agency Law: Including Organ Agency and Legal Representative." Korean Association of Civil Law 109 (December 31, 2024): 3–55. https://doi.org/10.52554/kjcl.2024.109.3.

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The doctrine of the abuse of authority in the Korean agency law has been developed by the court cases and the legal literature without legislative ground in the Korean Civil Code. Not surprisingly, proposals to introduce a paragraph for the abuse of authority in the Code have been made during the recent discussion for the revision of the Code. Meanwhile, a good faith third party protection in the abuse of legal representative’s authority and the so-called restriction of the organ agent’s authority shed new light on the issue. In this article, a more comprehensive review on the doctrine has bee

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Made Dwipayani, Desak, and Nurul Fazriyah. "PERKARA PENOLAKAN PEMBATALAN MEREK TERDAFTAR DALAM GUGATAN PERDATA ANALISIS PUTUSAN PENGADILAN NIAGA JAKARTA PUSAT NOMOR 02/MEREK/2002/PN.NIAGA.JKT.PST." Ganesha Law Review 3, no. 2 (2021): 97–110. http://dx.doi.org/10.23887/glr.v3i2.445.

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    ccording to Article 1 paragraph (1) of Law no. 20 of 2016 concerning Marks and Geographical Indications which determine that a brand is a sign that can be displayed graphically in the form of images, logos, names, words, letters, numbers, color arrangements, in two dimensions and / or three dimensions, sound, hologram, or a combination. of the two or more elements to distinguish goods and / or services produced by persons or legal entities in trading activities of goods and / or services. A registered mark that already has a reputation is often imitated in bad faith

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Troiano, Stefano. "To What Extent Can the Notion of ‘Reasonableness’ Help to Harmonize European Contract Law? Problems and Prospects from a Civil Law Perspective." European Review of Private Law 17, Issue 5 (2009): 749–87. http://dx.doi.org/10.54648/erpl2009050.

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Abstracts: The notion of ‘reasonableness’ is familiar to Common Law lawyers, whereas it is almost unknown to most ‘continental’ civil codes (e.g., the German, French and Italian Civil Codes). In the last decades the situation has, however, considerably changed and also within the continental context. References to ‘reasonableness’ in legal provisions have continuously increased due to many factors: among others, the influence of important international conventions dealing with commercial contracts (e.g., Convention on the International Sale of Goods (CISG)) and the implementation of EU Directi

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Sosnovskikh, Sergey, and Oxana Cherkasova. "Reasonable Entrepreneurial Risk: Behavioural Criteria for Corporate Managers." Russian Law Journal 9, no. 1 (2021): 58–80. http://dx.doi.org/10.17589/2309-8678-2021-9-1-58-80.

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This paper discusses the essence of the entrepreneurial risk, ethical and legal standards, which must be adhered to by the head of a commercial organisation. In the Russian legislation, there is debate concerning the boundaries of the responsibilities of the corporate manager. Existing literature doesn't contain many studies about the norms on the responsibility of persons authorised to act on behalf of a legal entity because it is new for Russian civil legislation, which shows the novelty of this study. We identify problematic aspects that arise both in the doctrine and judicial practice rega

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Araújo, Wiliane Maradja Bezerra de, and Fabrício Germano Alves. "A PRÁTICA DA REDUFLAÇÃO NA PERSPECTIVA DA PROTEÇÃO DO CONSUMIDOR." Revista ft 29, no. 142 (2025): 01–02. https://doi.org/10.69849/revistaft/dt10202501101901.

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ABSTRACT The practice of reducing the quantity of product within the usual packaging, without due warning,It is known as “reduflation” and is becoming more and more present in the daily lives of Brazilian consumers. However, it turns out that the consumer relationship in Brazil is protected by laws, which aim to protect the consumer, a vulnerable link in this situation, as is the case with the Consumer Code. In this context, this article sought to analyze, based on the Consumer Protection Code, Jurisprudence and doctrine linked to consumer relations, whether such a commercial strategy is legal

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Formanek, Tomas, and Radek Tahal. "ANALYSIS OF PERSONAL DATA-SHARING CONSENT FACTORS, WITH FOCUS ON LOYALTY PROGRAMS IN THE CZECH REPUBLIC." Business: Theory and Practice 19 (May 30, 2018): 70–79. http://dx.doi.org/10.3846/btp.2018.08.

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The purpose of this study is to provide structured, topical and representative analysis of personal data sharing preferences in the Czech Republic. Within the context of personal data sharing and protection, we focus on profiling individuals who voluntarily share their personal data with good-faith corporate entities. Loyalty program operators serve as a common and representative model of commercially driven collection and processing of personal data. We address different types of personal data and factors affecting individual data-sharing consent. Our original research is based on primary sur

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Formanek, Tomas, and Radek Tahal. "Analysis of personal data-sharing consent factors, with focus on loyalty programs in the Czech Republic." Business: Theory and Practice 19 (May 30, 2018): 70–79. https://doi.org/10.3846/btp.2018.08.

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The purpose of this study is to provide structured, topical and representative analysis of personal data sharing preferences in the Czech Republic. Within the context of personal data sharing and protection, we focus on profiling individuals who voluntarily share their personal data with good-faith corporate entities. Loyalty program operators serve as a common and representative model of commercially driven collection and processing of personal data. We address different types of personal data and factors affecting individual data-sharing consent. Our original research is based on primary sur

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Abrosimova, Elena A. "Specific Features of Commercial and Contract Law in Latin America." Gosudarstvo i pravo, no. 10 (2022): 184. http://dx.doi.org/10.31857/s102694520017565-2.

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The article analyzes the dualism of private law in Latin America with the examples of civil and commercial codes of individual states of the continent. A specific feature of the legislation governing trade activities is the incorporation of the customs of the indigenous peoples inhabiting the territory of South America into the colonial legal systems of continental Europe, which led to the formation of dualistic principles of trade and contractual regulation. The purpose of this article was to identify the common and distinctive features of contractual regulation of commercial relations in dif

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HE, JUAN. "WTO-plus commitments and emerging implications for China's large civil aircraft manufacturing." World Trade Review 13, no. 3 (2013): 517–45. http://dx.doi.org/10.1017/s1474745613000268.

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AbstractChina's accession to the WTO in 2001 is widely accepted as a landmark event for the multilateral trade system and for the country. The large-scale WTO-plus commitments have nevertheless received unceasing criticism and discussion. This article is concerned with the resulting policy implications for the Chinese initiative to become a global producer of large civil aircraft at the next stage of development. A real-life case study is expected to provide robust evidence for inquiring whether China and emerging economies alike can smoothly advance up the global value chain while honouring t

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