LA CITAZIONE DEL GIORNO: CONTRATTI INTERNAZIONALI E BUONA FEDE. IL DIVERSO APPROCCIO NEI SISTEMI DI COMMON LAW E DI CIVIL LAW
“The Common Law of Contracts is based on the principles of certainty and predictability …Notions such as good faith and fair dealing are not necessary to integrate the regulations agreed between the parties: even, they are deemed undesirable, because they would introduce an element of discretion and uncertainty that is not in business and commerce”.
“The law of contracts in Civilian systems … is concerned with ensuring that justice is rendered in the specific case. The contract is interpreted in the light of implied principles of reasonableness, good faith or fair dealings (in different degrees in the respective national systems).
Giuditta Cordero Moss (2007) “International contracts between common law and civil law: is non-state law to be preferred? The difficulty of Interpreting Legal standards such as good faith”).
Global Jurist: Vol.7:Iss.1 (Advances), Article 3
© Riproduzione riservata – Maggio 2012