The Discussions On Good Faith In The Contract Law In Europe

The European contract law is enduring an important reform which will cause asignificant influence to the future. Originating from the unity of the European Union,which makes it a problem that if different law systems wanted to exist along eachother with conformity. Some scholars even argue to integrate all the different contractlaws into a new one. Then an old topic suddenly gains a new life with vitality in thediscussion, which is good faith as a different tool using in unequal law systems likeGermany, England, and France. It not only conforms to the wishes to have acomparative study on the EU, but also originated in the existing EU Directives whichhave mandatory effects. The question on how to understand these directives entailsmore speculations about the good faith history. All of these concerns prove it wouldbe crucial to investigate this key rule.Unlike all the other research, this paper uses another way to examine a strangefeeling that the discussions refer to good faith seem much more valuable to be testthan testing the rule itself, especially those huge number of classical theories inGermany. This paper would follow the traditions of the doctrine of legal positivist toobserve those study texts, endeavor to have a better sight of real problem and get abetter comprehension on the meaning of good faith. The first part through a briefintroduction on the methods we mainly used. The second part uses a historical reviewto elaborate the typical debate in Germany. The third part analyzes three questions ongood faith, it finds out the whole argument can be generalized to a couple of oppositephrases. The basic thinking was transforming in different levels by loop conversions.It’s easy to have a symmetrical structure to conclude their contributions whichanswers were almost middle ways in a bipolar choice. The fourth part left thestructure to reorganize understandings of the meaning of good faith, which isdescribed in an American view. The new evaluation mechanism was proposed at thelast part, but it only can be perceived through the entire paper. But here would be aclue, that is try to remember a classic lemma: the meaning of a word is its use in thelanguage.