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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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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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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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The role of implicit contract terms as a determinant of contractual consequencesBailly, Chantal 12 1900 (has links)
Thesis (LLM)--University of Stellenbosch, 2005. / ENGLISH ABSTRACT: It is clear that the classical concept of contract suffers from weaknesses because it takes
too little account of social and economic changes that have occurred in our highly
competitive global climate. More particularly, it fails to acknowledge implicit
dimensions of contract.
The classical contract theory was designed for transactions rather than to regulate
relations. In view of the relational contract theory, contracts are agreements, often
developed gradually, over a period of time and last over a period of time, perhaps
indefinitely.
As illustrated, with a discussion of the various theories attempting to qualify the classical
law, the development of the relational contract theory and the need for implicit
dimensions is in line with changes in business, market transactions and the economic and
social environment of today.
The relational contract is gradual and emphasises the relationship between the parties.
Focus is placed on their understandings, party practices, customs and expectations as
opposed to formal doctrines and principles.
Characteristically, relational contracts are often incomplete in their specifications, thus
leaving room for the creation of expectations and understandings inter partes. These
expectations and understandings along with co-operation, rationality and trust are the
implicit dimensions, which reflect the shared interest the parties have in their transaction.
The ways in which these implicit dimensions can be recognised, developed and applied to
contracts, particularly in the South African context is considered in light of our law's
treatment of the implication of terms into contracts. It was found that considerations of
reasonable expectations and policy do playa role in our law, albeit not to such an extent
as to meet the demands of the relational contract theory and the recognition of implicit
dimensions. Existing contract principles are also evaluated in the light of the relational contract and
implicit dimensions.
It is not suggested that classical contract law doctrines are to be dispensed with but that a
shift of focus should occur, from the traditional focus on the ''paper'' deal to focusing on
the ''real'' deal, between the parties.
It is concluded that a principle of good faith would be a suitable starting point to give
cognisance to implicit dimensions and to regulate relational contracts. In recognising a
principle of good faith, the courts will be able to better respond to the expectations of the
parties. A principle of good faith is recommended as being advantageous towards
developing a pre-contractual duty of disclosure and encouraging more co-operative
thinking and dealing in both legal doctrine and contracting practice. / AFRIKAANSE OPSOMMING: Dit is vandag duidelik dat die klassieke kontraksmodel aan swakhede ly omrede dié model nie
genoegsaam rekening hou met sosiale en ekonomiese veranderinge mons
hoogskompeterende wêreldklimaat nie. Meer bepaald, neem die model nie die implisiete
aspekte van kontrakte in ag nie.
Die klassieke teorie is meer gepas vir eenmalige transakies tussen kontraktante en nie soseer
gebruik vir die regulering van deurlopende kontraksverhoudinge nie. In terme van die
verhoudingskontrakteorie ("relational contract theory") word kontrakte beskou as
ooreenkomstes wat geleidelik, oor 'n lang tydperk kan duur, miskien selfs vir 'n onbepaalde
tydperk.
Soos gei1lustreer, is daar verskeie teoriëe wat poog om die bestaande klassieke benadering aan
te pas. Die ontwikkeling van die verhoudingskontrakteorie en die implisiete aspekte van
kontrakte korreleer met veranderinge in internasionale handel en die ekonomiese en sosiale
omgewing van vandag.
Die verhoudingskontrakteorie beklemtoon die verhouding tussen die partye, hul praktyke en
gewoontes en verwagtinge en is nie net slegs op formele beginsels gebaseer nie.
'n Eienskap van hierdie kontraktstipe is dat hulle dikwels nie poog om die verhouding van die
partye volledig te reguleer nie. Sodoende word ruimte gelaat vir die ontwikkeling van
verwagtinge en implisiete verwagtinge tussen die partye.
Hierdie verwagtinge en verstandhoudings te same met die beginsels van samewerking,
redelikheid en onderlinge vertroue, is die implisiete aspekte wat die gemeenskaplike belang
wat partye in hul verhouding het, weerspieël.
Maniere om hierdie implisiete aspekte te herken, te ontwikkel en toe te pas, veral in die Suid-
Afrikaanse konteks, is oorweeg in die lig van ons reg se benadering tot die inlees van
onuitgesproke bedinge in kontrakte. Alhoewel daar bevind is dat redelike verwagtinge en
beleid wel 'n rol speel, is dit onvoldoende in die lig van die eise van die
verhoudingskontrakteorie en die behoefte aan implisiete aspekte.
Bestaande kontraksbeginsels is ook geëvalueer in die lig van die verhoudingsgebaseerde
kontrak en implisiete aspekte. Daar word nie gesuggereer dat klassieke beginsels van die hand gewys moet word nie. Eerder
dan die tradisionele fokus op die "paper deal" moet die fokus op die"real deal" wees.
Ten slotte word die behoefte aan die erkenning van 'n beginsel van goeie trou uitgelig.
Breedweg sal howe beter kan reaggeer op partye se verwagtinge en verstandhoudinge en dié
beginsel word ook aanbeveel met die oog op die behoefte aan samwerking tussen partye en
die ontwikkeling van 'n voor-openbaarmakingsplig.
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Bargaining in good faith in the New Zealand labour market: rhetoric or reality?Davenport, Geoff 05 1900 (has links)
New Zealand presently operates a "free market" system of employment and labour
relations in which there are no prescribed or mandatory bargaining procedures. When this
system was introduced by the Employment Contracts Act 1991 (the "ECA" ) it represented
a dramatic departure from the previous system of state regulated collective bargaining,
conciliation and arbitration: a system that had existed in New Zealand for almost a
century.
Although this change in approach was supported by free market advocates, it also
generated considerable international and domestic criticism. In response to that criticism,
a number of New Zealand politicians stated in 1996 that they would consider imposing on
employers and employees a statutory duty to bargain in good faith. However, since the
end of 1996, very little has occurred in respect of this issue. Indeed, it now appears that
the current New Zealand Government may have abandoned this proposal altogether.
If this is, in fact, the Government's decision, it ought to be viewed with concern, for it has
been made without the benefit of informed debate. Little, if any, substantive consideration
has been given to whether such a duty ought to be introduced, and if so, the form it might
take and impact it might have. If an informed decision is to be made to enact a duty of
this nature, or not, as the case may be, its merits must be the subject of further debate.
This thesis will endeavour to contribute to that debate by examining how one approach to
the duty to bargain in good faith, that which applies in British Columbia, Canada, might
operate in New Zealand.
This examination will consist of six chapters. The first will contextualise the New Zealand
arguments on whether a duty of this nature ought to be introduced into the ECA. Chapter
two will then examine the duty to bargain in good faith as it applies in British Columbia
industrial relations. Chapter three will take that duty, and examine the extent to which it is
currently replicated in New Zealand. It will be concluded that little of the substance of
this duty is to be found in the law which presently governs the New Zealand labour
market. Chapter four will assess the costs of introducing a duty of this nature into the
ECA, particularly in terms of reduced efficiency and freedom. Chapter five will identify a
number of specific issues that will require resolution if the duty is to operate effectively in
New Zealand, and the terms of a suggested statutory amendment will be proffered.
It will be concluded in chapter six that introducing a duty to bargain in good faith, akin to
that which applies in British Columbia, would benefit New Zealand employers, employees
and society as a whole. Further, it will be argued that such a duty must be introduced if
labour bargaining in New Zealand is to occur in any meaningful way for most employees.
And finally, it will be suggested that if this duty is to be introduced effectively, legislative
amendment will be required. For these reasons, it will be asserted that the New Zealand
Government ought to revisit the issue of introducing into the ECA a statutory duty to
bargain in good faith.
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Die Einflusslosigkeit des guten Glaubens auf das Pfandrecht des Vermieters /Langer, Karl, January 1913 (has links)
Thesis (doctoral)--Universität Breslau, 1913. / Includes bibliographical references (p. [6]-7).
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Bargaining in good faith in the New Zealand labour market: rhetoric or reality?Davenport, Geoff 05 1900 (has links)
New Zealand presently operates a "free market" system of employment and labour
relations in which there are no prescribed or mandatory bargaining procedures. When this
system was introduced by the Employment Contracts Act 1991 (the "ECA" ) it represented
a dramatic departure from the previous system of state regulated collective bargaining,
conciliation and arbitration: a system that had existed in New Zealand for almost a
century.
Although this change in approach was supported by free market advocates, it also
generated considerable international and domestic criticism. In response to that criticism,
a number of New Zealand politicians stated in 1996 that they would consider imposing on
employers and employees a statutory duty to bargain in good faith. However, since the
end of 1996, very little has occurred in respect of this issue. Indeed, it now appears that
the current New Zealand Government may have abandoned this proposal altogether.
If this is, in fact, the Government's decision, it ought to be viewed with concern, for it has
been made without the benefit of informed debate. Little, if any, substantive consideration
has been given to whether such a duty ought to be introduced, and if so, the form it might
take and impact it might have. If an informed decision is to be made to enact a duty of
this nature, or not, as the case may be, its merits must be the subject of further debate.
This thesis will endeavour to contribute to that debate by examining how one approach to
the duty to bargain in good faith, that which applies in British Columbia, Canada, might
operate in New Zealand.
This examination will consist of six chapters. The first will contextualise the New Zealand
arguments on whether a duty of this nature ought to be introduced into the ECA. Chapter
two will then examine the duty to bargain in good faith as it applies in British Columbia
industrial relations. Chapter three will take that duty, and examine the extent to which it is
currently replicated in New Zealand. It will be concluded that little of the substance of
this duty is to be found in the law which presently governs the New Zealand labour
market. Chapter four will assess the costs of introducing a duty of this nature into the
ECA, particularly in terms of reduced efficiency and freedom. Chapter five will identify a
number of specific issues that will require resolution if the duty is to operate effectively in
New Zealand, and the terms of a suggested statutory amendment will be proffered.
It will be concluded in chapter six that introducing a duty to bargain in good faith, akin to
that which applies in British Columbia, would benefit New Zealand employers, employees
and society as a whole. Further, it will be argued that such a duty must be introduced if
labour bargaining in New Zealand is to occur in any meaningful way for most employees.
And finally, it will be suggested that if this duty is to be introduced effectively, legislative
amendment will be required. For these reasons, it will be asserted that the New Zealand
Government ought to revisit the issue of introducing into the ECA a statutory duty to
bargain in good faith. / Law, Peter A. Allard School of / Graduate
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From good faith to utmost good faith in marine insurance /Botes, Johan Hendrik. January 2006 (has links)
Univ., Diss.--Hamburg, 2005. / Literaturverz. S. 227 - 232.
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