Approaching the European Union Directive on Unfair Terms in Consumer Contracts Through the Lens of the Principle of Good Faith

Abstract

The article aims to delve into the nuanced interpretation of the principle of good faith within the domain of unfair terms prevalent in consumer contracts. This principle has proven pivotal in appraising the fairness of terms, serving as a benchmark. Its multifaceted application across legal domains necessitates a precise explication of its contextual significance. Emphasizing the imperative to delineate the exact connotation of the good faith principle in the judicial realm of consumer safeguarding, the article subsequently elucidates this proposition through a meticulous analysis of the Directive and its corresponding legal cases. However, the initial analysis underscores the Directives somewhat ambiguous delineation of the good faith principle. This prompts an inquiry into whether such ambiguity hampers the comprehensive evolution of this principle within the broader context of EU private law. Consequently, the subsequent discourse endeavors to rationalize this aspect within a redefined comprehension of the jurisprudential underpinning of the Directive.