苏格兰人
信仰
苏格兰法律
透视图(图形)
法学
普通法
公平交易
英国法律
社会学
诚信
政治学
认识论
哲学
法律渊源
计算机科学
语言学
人工智能
标识
DOI:10.3366/elr.2022.0737
摘要
One of the most striking differences between the Civilian jurisdictions and the English common law has been the reluctance of the latter to adopt a general principle of good faith in contract. Scots law, however, often seeks to exercise the functions of good faith but does not recognise it as a general principle. In recent years, English law has begun to identify good faith as an implied term in “relational contracts”, a concept with sociological and economic origins. This article applies that development to Scotland by exploring the relationship between good faith and the relational contract from a Scots-Roman perspective. It will be shown that the historical sources of Scots contract law, from the Roman reception to the Institutional Writers, are fully compatible with relational contracts. It goes on to consider how a Scots law approach to good faith in relational contracts might orientate itself to the English authorities.
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