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Good Faith and Fault in Contract Law$
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Jack Beatson and Daniel Friedman

Print publication date: 1997

Print ISBN-13: 9780198265788

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198265788.001.0001

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The Doctrine of Good Faith in German Contract Law

The Doctrine of Good Faith in German Contract Law

Chapter:
(p.171) 7 The Doctrine of Good Faith in German Contract Law
Source:
Good Faith and Fault in Contract Law
Author(s):

Werner F Ebke

Bettina M Steinhauer

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198265788.003.0007

This chapter discusses contract law as set forth in the German Civil Code (Bürgerliches Gesetzbuch). The first part focuses on the judicially created cause of action of breach of contract. The second part discusses the development of secondary contractual obligations. In the third part, cases involving the doctrines of impracticability and of frustration of purpose, change of economic circumstances, and mutual error are analysed. Throughout, the chapter emphasizes the historical and theoretical aspects, as well as the practical implications of the doctrine of good faith in German contract law.

Keywords:   Civil Code, breach, contract, contractual obligations, good faith, impracticability, frustration, purpose, mutual error

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