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Good faith in insurance law: General and independent, not a duty but an interpretative principleHan, Yong Qiang 05 May 2020 (has links)
No / There is hardly any substantive difference between ‘utmost good faith’ and ‘good faith’. In insurance law there is not a general and independent duty to
act in good faith. This is because the requirement of good faith in insurance
law, although being both general and independent, is neither a statutory duty
nor a common-law duty the breach of which usually gives rise to a cause of
action. Instead it is an interpretative principle in the common law of
insurance. Similarly in civil law jurisdictions, it is not a legal duty either but instead an interpretative principle.
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Le principe de la confiance et la formation du contrat en droit suisse.Patry, Robert. January 1953 (has links)
Thèse.-- Geneva. / Includes bibliographical references (p. [287]-296).
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Dissertatio juridica De fide habitaStryk, Samuel Hoppe, Joachim January 1738 (has links)
Halle, 1678, Thesis (doctoral) / "In alma electorali Viadrina anno MDCLXXVIII.". - Goldsmiths'-Kress no. 07604.8-2. - OCLC, 23194191. - Reproduction of original from Kress Library of Business and Economics, Harvard University
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Dissertatio juridica De fide habita = Von Crediet-Handlungen /Stryk, Samuel, Hoppe, Joachim, January 1738 (has links)
Thesis (doctoral)--Halle, 1678. / "In alma electorali Viadrina anno MDCLXXVIII." Reproduction of original from Kress Library of Business and Economics, Harvard University. Goldsmiths'-Kress no. 07604.8-2.
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A doctrine of good faith in New Zealand contractual relationships : a thesis submitted in fulfilment of the requirements for the degree of Master of Laws in the University of Canterbury /Bayley, J. Edward January 2009 (has links)
Thesis (LL. M.)--University of Canterbury, 2009. / Typescript (photocopy). Includes bibliographical references (leaves 350-404). Also available via the World Wide Web.
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Good faith in contract law : with particular reference to commercial transactions in England, Scotland and selected common-law jurisdictions (Australia, South Africa and USA)Al-Othman, Mohammed I. O. January 2005 (has links)
This thesis is study of the principle of good faith in contract law. In the last fifteen years enormous attempts have been made by contract lawyers, especially those in common law systems, to consider the question of good faith in contracts. But the approach that has been taken by those lawyers in dealing with this important question is unsatisfactory and incapable of producing a coherent understanding of the role of good faith in contracts. Instead of considering the essential question of good faith in contracts, especially commercial contracts, the debate has turned out into a battle between common law and civil law. This approach creates a polarized debate. This study will concentrate on the applications of good faith in arm 's length contractual relationships. This will no doubt concentrate the analysis on its operation in contracts generally, without involving other theories that may explain the courts' concern over the problems of bad faith conducts. Examining good faith as a general requirement in contracts is vitally important in order to reach a coherent understanding of its implications for contracting parties. This study will examine in depth the most important issues regarding the operation of the good faith principle in contract law. I will examine the rationality of this principle in pre-contractual negotiations. This area of contract raises difficult questions in many common law legal systems. The Introduction of the principle of good faith at the stage of negotiation under the PECL and the UNIDROIT Principles has strengthened the role of that principle at the formation of contracts. The interaction between the principle of good faith and express terms in contracts will also be examined in an attempt to identify the limits of the parties' freedom in the enforcement of contract terms. In addition to dealing with the operation of the principle of good faith throughout the life of the contract, it is also vitally important to analyse the general provisions of good faith in the PECL, CISG, UCC and the UNIDROIT Principles. Examining these general provisions of good faith will help us to understand its role in commercial contracts.
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Utmost good faith in reinsurance contracts : difficulties and problems of its operation in an evolution timeLu, Yao January 2015 (has links)
Reinsurance contract as a contract of uberrimae fidei, in contrast to ordinary commercial contracts, attracts a duty of utmost good faith requiring both parties to exercise their best effort and endeavor to help each other to make an informed decision and perform the contract concluded thereon without any dishonesty or deceit. There are various forms of reinsurance which adopt different ceding methods and have specific characters in the placing progress. The unique placing process in London subscription market of such complex and complicated reinsurance contracts by specialist brokers has to certain degree modified the operation of the doctrine of utmost good faith in reinsurance context. Moreover, from partial codification by the MIA 1906 to significant changed by Insurance Act 2015, it is fair to that the doctrine of utmost good faith has experienced one hundred years long revolution. The courts have taken many opportunities to structure the doctrine, establish rules of the tests, confine the scope and clarify remedies for qualifying breach. Such development of the doctrine itself has important affect upon its operation in reinsurance context too. Modification of the doctrine in reinsurance occurs due to several reasons. First, the special placing process in London subscription market affects the formation procedure of reinsurance contracts, consequently reshapes operation of the doctrine. Secondly, the characters of reinsurance contracts distinguished from underlying insurance would have some impact on operation of the doctrine in reinsurance context. In addition, other significant common law rules such as the principle of waiver, which is in extensive use in the reinsurance market practice, will also modify the operation of the doctrine in reinsurance context. Moreover, evolution of the duty itself, from an absolutely strict duty to a duty only requiring fair presentation, and a proposal of a new proportionate regime of remedies brings potential problems of its operation in reinsurance context. Consequently, notwithstanding there has been a long history of the doctrine and clarification of many aspects of the doctrine comes from a reinsurance cases, difficulties and problems still exist in operating such duty smoothly and directly in reinsurance like in direct insurance context. Such problems extend to every specific aspect of operation of the duty in reinsurance context, from the formation to performance, and then remedies for qualifying breach of the duty in claim stage.
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Der gute Glaube auf dem Gebiete des Liegenschaftsrechts /Butz, Carl. January 1906 (has links)
Thesis (doctoral)--Ruprecht-Karl-Universität zu Heidelberg.
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Surrogation trotz Unwirksamkeit einer Verfugung? : zum Anwendungsbereich der [Paragraphen] 816, 2019 (2111, 2041) BGB sowie des [Paragraph] 46 KO /Böhm, Rainer. January 1900 (has links)
Thesis (doctoral)--Universität Hamburg.
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Conclusions Utmost Good Faith and Precontractual Duties Globally in the Twenty First CenturyHan, Yong Qiang 05 May 2020 (has links)
No
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