Abstract
While good faith in contract law is accepted in Civil Law jurisdictions, is rejected, or used with caution in Common Law ones. Although widely welcomed, good faith does not have a unitary concept and, consequently, has different manifestations and functions. This can be noticed in the black letter of Civil Codes. The French Civil Code of 1804 was taken as a reference in Europe and Latin America to regulate good faith, and as a result, a strong civilian model of good faith exists in those jurisdictions to interpret, supplement, and correct the contract. Except in Peru, according to its Civil Code, which adopted a restricted model of good faith closer to English law, where a formalistic and objective approach still persists. This finding is taken as an excuse to review Civil Codes and to look towards an alternative model for comparative contract law to avoid the known abuses of good faith.
Published Version
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