The Principle of Good Faith in the Performance of Civil Contracts
The Principle of Good Faith in the Performance of Civil Contracts

Summary/Abstract: The principle of good faith represents one of the fundamental pillars of contemporary civil law, with transversal applicability throughout all stages of contractual relations — from the negotiation of agreements to the performance of contractual obligations. This paper aims to provide an in-depth analysis of this principle, highlighting both doctrinal developments and judicial applications that have shaped its understanding in the current context. Additionally, the research examines the interaction between good faith and other fundamental concepts, such as equity, contractual loyalty, and the abuse of rights, emphasizing both its normative role and its limitations in jurisprudence. Furthermore, the paper proposes a comparative analysis between the Civil Code of 1865 and the new Civil Code of 2011, with a focus on the regulations regarding good faith in the performance of contracts, as outlined in Article 1170. Through this comparison, the significant legal impact that the new regulations have on the security of contractual relations and the entire normative framework of civil obligations is highlighted. In conclusion, it is argued that good faith, although strongly influenced by social and moral requirements, remains an essential concept in maintaining contractual balance, providing a solid framework for resolving disputes arising from non-performance or defective performance of contractual obligations.

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