[automatically translated] The monograph is an attempt to create a unified treatment of the major forms in Europe of concretization of the general clause of good faith, trying to accomplish a reconciliation to drive aimed at rationalizing the conceptual order. The study investigates all the most important functions of the objective good faith, moving from the traditional ones up to lead to more recent ones, brought to the fore by the European private law is the source of legislation, case law is doctrinal. To the legal meaning, conceptual and unit values believed to identify, the study highlights the forms of investment of good faith deemed correct; those in line with the spirit of this general clause but deemed unfair in their current widespread application, theoretical and practical; and, finally, those considered incorrect instead of itself. The analysis reveals the direct implication of the good faith with some of the main issues that animate the debate of general theory of law and the institutions of the angle of the contract discipline, bonds and liability in tort, as well as with the main dogmatic constructions that make system these disciplines of civil law.
|Number of pages||606|
|Publication status||Published - 2015|
|Name||STUDI DI DIRITTO PRIVATO|