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INTRODUCTION TO CIVIL LAW AND PERSONS

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INTRODUCTION TO CIVIL LAW AND

PERSONS

OBJECTIVE GOOD FAITH 1

(2)

OBJECTIVE GOOD FAITH 1

• Introduction

• Characteristics of objective good faith

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OBJECTIVE GOOD FAITH 1

• Art. 2 of TCC:

• “Every person must act in good faith in the exercise of his or her rights and in the performance of his or her obligations.

• The manifest abuse of a right is not protected by law.”

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OBJECTIVE GOOD FAITH 1

• This is a principle coming from the Roman Law tradition.

• This principle effects all part and type of the legal relations.

• Everybody is bounded by this principle.

• This principle is resulting from the social relationships.

• It protects the trust in relationships.

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OBJECTIVE GOOD FAITH 1

• This principle is important while using rights and fulfilling obligations.

• That’s why this principle plays a critical role in economic life.

• The abuse of this principle cannot be protected because of the role of this principle.

• Judges will consider this principle even though the abuse of this principle is not claimed

by parties. So it is in everybody’s responsibility to obey this principle.

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OBJECTIVE GOOD FAITH 1

• Sometimes, rulemaker refet to this principle in different contexts.

• In that case, this principle will play a complementary role.

• This principle will be used also for interpretation of some rules.

• In case of an abuse of this principle, the results will ocur immediately, there is no need for a notice.

• The abuse of this principle can result for a reparation claim.

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OBJECTIVE GOOD FAITH 1

• Can this principle be elminated by the parties?

• There are some different approaches for this problem.

• Some academics think that it is possible, however others think that it is not.

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OBJECTIVE GOOD FAITH 1

• Objective good faith is a general principle. However, subjective good faith is protected if and only if the code clearly mentions it.

• Customary law rules are different than the objective good faith rule. Objective good faith

rule is a rule enacted by code.

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