Abstract

CAMPOS MICIN, SEBASTIÁN; MUNITA MARAMBIO, RENZO  and  PEREIRA FREDES, ESTEBAN. Normative Foundation of Duties Derived from Contractual Good Faith. Between Desinterested Individualism and Moderate Altruism. Rev. Derecho Privado [online]. 2022, n.43, pp.187-217.  Epub Sep 04, 2022. ISSN 0123-4366.  https://doi.org/10.18601/01234366.n43.08.

This article, bearing in mind the current state of contract law, inquires about the normative justification of various duties of conduct derived from good faith. It seeks to demonstrate that some duties find their normative justification in a model of disinterested individualism -which, in general terms, imposes the duty of not to harm the legitimate interests of the other- while others find it in a model of moderate altruism -which, in certain hypotheses, it imposes a duty to sacrifice or jeopardize the satisfaction of one's own interests-. It is concluded that, although a good part of the duties derived from good faith find their normative justification in a model of moderate altruism, good faith continues to find a dual normative foundation in the current state of contract law.

Keywords : good faith; duties of conduct; normative justification.

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