Sąžiningumo principas sutarčių teisėje.
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The new Civil Code of Lithuania incorporated the criteria of justice, reasonableness and good faith into the civil legal relations. These criteria can be called general clauses the exact content of which cannot be determined by the common words that express those norms. The authors of the Commentary of the Civil Code, explaining the content of the principles of justice and reasonableness, make use of the principle of good faith; besides, they maintain that further clarification of these principles must be made by legal practice and doctrine. This article analyzes the content of the principle of good faith in the law of contracts. The author also looks at analogical legal norms of foreign countries (Germany, Holland, USA) and their application. Despite the formal inadequacy, both in common and civil law systems, the good faith is ascribed the following functions referred to as “internal” by the author: (i) supplementing the contents of a contractual obligation, (ii) internal limitation of contractual rights’ exercise, and (iii) enabling the court’s law-making freedom. None of the legal systems presents the final list of obligations constituting the contents of good faith. The author draws one’s attention to the fact that both German and Dutch legal doctrines divide good faith into subjective and objective one, and use different common words or their combinations to describe them. The subjective good faith has a specific content, and it is related only with a person being aware of, or obliged to be aware of something. Following this argument, it must be said that the authors of the Civil Code of the Republic of Lithuania have a different opinion. The creditor, having made a contract, acquires two rights of different kind: (i) an absolute right with a specific content into each and every third party and (ii) a relative right to his or her contractual debtor. The double nature of the creditor’s rights requires different concepts of the debtor’s and third parties’ good faith.
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