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Glossary

Good faith

bona fides

civil-law

An obligation to act honestly and with due regard to the other party's legitimate interests.

In more detail

Civil-law systems impose a general duty of good faith in negotiation and performance, exemplified by §242 of the German Civil Code. Common-law systems traditionally reject a general duty, recognising it only in specific relationships or through implied terms, though the gap has narrowed.

Related terms

  • estoppel
  • force-majeure

See how this applies to you

Definitions are general. How a term operates depends on the jurisdiction you are in.