The Principle of Good Faith in Private Law

Anglicky The thesis deals with the newly expressly enacted principle of protection of Good Faith in the Czech private law, specifically in its objective sense (the principle of honesty). The thesis approaches the principle with regard to absence of its express enactment in the Czech legal order before adopting new Civil Code as an unknown principle and in this respect it investigates it initially in other EU countries, notably in Germany, UK and France. It further examines its enactment in european harmonization efforts PECL, DCFR and CESL and for the sake of completeness also in other unifying documents such as the Vienna Convention on the International Sale of Goods or the UNIDROIT Principles. Based on the findings upon these documents, it further approaches to examine the principle of honesty in the Czech legal order, based on an analysis of current case law, legislation contained in the old Civil Code and finally it examines the current legislation in the new Civil Code. It investigate the topic from different angles, such as the relationship of morality and honesty, the relationship of freedom of contract and contractual justice, the question of judicial development of law