INTRODUCTION TO CIVIL LAW AND
PERSONS
OBJECTIVE GOOD FAITH 1I
OBJECTIVE GOOD FAITH 1I
• Application of good faith
• Prohibition against abuse of rights
• Results of abuse of rights
OBJECTIVE GOOD FAITH 1I
• The principle of the acting in good faith can be applied in several situations.
• When forming a two-sided legal transaction, the parties’ consent declarations will be interpreted according to the good faith principle.
• This is an important issue to full understand whenther thi transaction is validly formed or not.
OBJECTIVE GOOD FAITH 1I
• This principle plays a role not only during the formation of the legal transaction but also during the interpretation of the transactions.
• According to the art. 19 of the TCO, to determine the type, the content of a contract and to interpret it, parties real and common consent will be taken into account.
• This search of real and common consent will be realized by the judge by using the good faith principle.
OBJECTIVE GOOD FAITH 1I
• This principle also plays a role during the completing a transaction.
• There can be some gaps in transactions.
• These gaps will be fullfilled bythe judge.
• The judge will utilise the good faith principle to find a solution for this gap by considering the real and common consents of the parties.
OBJECTIVE GOOD FAITH 1I
• Prohibition against abuse of rights is regulated with a general norm.
• Art. 2 para. 2 of the TCC: «The manifest abuse of a right is not protected by law.”
• The abuse of a rightwill be determined case by case.
• It is impossible to list the cases that will constitute abuse of right.
• The law clearly forbids the abuse of right, so this will be taken into consideration by judge per se.
OBJECTIVE GOOD FAITH 1I
• For the abuse of right, there are some conditions:
• There should be a right
• This right should be abusively used by the right holder
• Damage
