English Commercial Law - Civil law system on Good faith,
Good faith or the need to act reasonably toward the other party to the transaction, is another fundamental shared by civil law systems. Particularly, this has an impact on the length and depth of information of civil law contracts. There is less need to "cover all the bases" in terms of what each party needs do specifically to fulfill its commitments because the parties are required to operate in good faith. This extends to a principle known as "abuse of right," according to which it may be illegal to demand that another party perform an obligation exactly as agreed upon if doing so would place an unreasonable burden on them, as would be the case when something has drastically altered the situation. The courts may declare the contract unenforceable if fulfilling duties becomes challenging or impossible. In the Dutch Civil Code, good faith supersedes not only the terms of a contract but also the impact of custom and even statutes on the contract. This is an example of good faith appearing in a civil jurisdiction.
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