|Good faith obligation and contracts
The general obligation in contract law is embodied in the execution of contracts in article 1134 para. 3 of the Civil Code
(the agreements) “are carried out in good faith”
The Court of Cassation punishes non-compliance with this obligation: 1 st Civ, May 10, 1989 , Bull., N ° 187, p. 124).
But ” the Court of Cassation made a dynamic interpretation of the emblematic articles 1134 and 1135 of the civil code going well beyond the simple effects of the contract and their execution ” (Report of the Court of Cassation on the Catala project). The Court of Cassation quotes the Widow Picot judgment of November 5, 1913, which did not hesitate to give Article 2268 of the Civil Code according to which, in matters of acquisitive prescription, good faith is always presumed and that it is is for the one who alleges bad faith to prove it, a general scope applicable even to a marriage contract.
The principle of good faith extends to the formation of the contract. The obligation of good faith translates into a jurisprudential requirement of loyalty in negotiations and talks.
The obligation of good faith then translates into a requirement of balance and justice in the content of the contract. It is a question of the moral principle of reciprocity which is reflected, moreover, in the requirement of the cause.
From the obligation of good faith, case law derives a duty of loyalty in the performance of the contract. The progress of the contract must be transparent.
The obligation of good faith weighs particularly on the professional. It reflects the necessary confidence of the non-professional in the professional.
“Bad faith” prohibits the use of limitation of liability clauses, in particular when the professional has not accomplished his mission.
Obligation to contract in good faith and duty of information
The obligation to contract in good faith imposes a duty of information v. Cass.civ. 1 March 15, 2005
Contradictory behavior and good faith
Behavior inconsistent with the request constitutes a breach of the obligation to perform the agreement in good faith, Cass.com. March 8, 2005
Obligation of good faith and existence of contractual links
The obligation of good faith presupposes the existence of contractual links and that these cease when the condition precedent to which they were subject has failed Cass.civ. 3 September 14, 2005
Employment contract and good faith
The employment contract must be performed in good faith. The employer’s good faith is presumed according to the general principle of the presumption of good faith
The Court of Cassation founded an employer’s duty to ensure the adaptation of employees to the development of their jobs on the basis of the employer’s obligation, bound to perform the employment contract in good faith. Cass.soc. February 25, 1992
Contractual imbalance in a concession contract and obligation of loyalty and good faith performance
Within the framework of a concession contract , in the event of an economic imbalance existing from the conclusion of the contract, the Court of Cassation considered that the obligation of loyalty and execution in good faith of the contracts prohibited the grantor from justifying its withdrawal. brutal and unilateral on the structural imbalance of the contract which, by its negligence or its imprudence, it had not been able to appreciate, Cass. civ. 1, 16 March 2004
Bond and good faith
breaches its obligation to contract in good faith and thus commits fraud through reluctance the bank which, knowing that the situation of its debtor is irremediably compromised or at the very least heavily compromised, fails to bring this information to the attention of the surety in order to to encourage the latter to commit Cass.civ. 1 May 10, 1989