Abstract

GAMBINO, Francesco. Good Faith and Supervening Onerousness in Times of Pandemics. Rev. Derecho Privado [online]. 2022, n.42, pp.67-86.  Epub Mar 31, 2022. ISSN 0123-4366.

There is no doubt that good faith plays a fundamental role in modern contract law, however, its field of action and therefore the role of the judge seem to vary according to the openness of the system of sources of the legal system in which it is intended to be applied. Thus, the example of the solutions offered to the phenomenon of supervening hardship, particularly in times of pandemic, shows how they vary from one legal system to another according to the judge's possibility of resorting to equity to underlie his decision.

Keywords : good faith; pacta sunt servanda; supervening hardship; equity; legal certainty; pandemic.

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