Notion of Good Faith in National Law of European Countries and European Court of Justice Judgements: Comparative Legal Study

Good faith is a complex legal concept running through modern law and most of the world’s countries’ legal systems. Approaches theorists, practitioners and legislators across said systems take to define the notion in question also vary greatly. The Comparison is drawn between German, French and English law with first two also acting as classis examples of Civil law systems, and the third one as a contrasting Common law system. Impact of good faith is also different in all three countries ranging from recognition as a general legal principle to being generally unrecognized. Above 2 EU member states and 1 ex EU member state there is also EU Secondary legislation which has resorted to using good faith to govern certain scenarios, and a European Court of Justice, which in its case law has long been using good faith as a mean to expand the boundaries of EU law through construction of the term in question due to its elusive nature. As a result of the research made similarities and difference between national and supranational usage of good faith are drawn and a role that good faith plays in European integration is defined. Author concludes that the framework laid down can be applied as part of the regional and global integration.