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The role of good faith in contract law good faith and unfair contracts in South Africa and Germany-a comparative approach
Good faith is irritating legal systems all over the world, the more so since the principle continuously finds way into various agreements applicable to both national and international transactions. The logical consequence thereof is - or will be - that legal systems that are so far unfamiliar with t...
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| Format: | Thesis |
| Language: | English English |
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Department of Private Law
2026
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| _version_ | 1867613203753598976 |
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| access_status_str | Open Access |
| author | Ringleben, Claas |
| author2 | Visser, Danie |
| author_browse | Ringleben, Claas Visser, Danie |
| author_facet | Visser, Danie Ringleben, Claas |
| author_sort | Ringleben, Claas |
| collection | Thesis |
| description | Good faith is irritating legal systems all over the world, the more so since the principle continuously finds way into various agreements applicable to both national and international transactions. The logical consequence thereof is - or will be - that legal systems that are so far unfamiliar with the principle are forced to employ it to the dispute in question. This fact applies irrespective of its open recognition or its vehement or modest rejection. Whereas Germany openly recognises good faith as one of the most important aspects of its contract law in various modi operandi, South African law, in contrast, contains no such general principle of good faith, although it does have an implicit or undisclosed principle of that sort. |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/43234 |
| institution | University of Cape Town (South Africa) |
| language | English eng |
| last_indexed | 2026-06-10T12:32:24.523Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2026 |
| publishDateRange | 2026 |
| publishDateSort | 2026 |
| publisher | Department of Private Law |
| publisherStr | Department of Private Law |
| record_format | dspace |
| source_str | UCTD — University of Cape Town Open Access Repository |
| spelling | oai:open.uct.ac.za:11427/43234 The role of good faith in contract law good faith and unfair contracts in South Africa and Germany-a comparative approach Ringleben, Claas Visser, Danie South African law good faith Germany contract law German law Good faith is irritating legal systems all over the world, the more so since the principle continuously finds way into various agreements applicable to both national and international transactions. The logical consequence thereof is - or will be - that legal systems that are so far unfamiliar with the principle are forced to employ it to the dispute in question. This fact applies irrespective of its open recognition or its vehement or modest rejection. Whereas Germany openly recognises good faith as one of the most important aspects of its contract law in various modi operandi, South African law, in contrast, contains no such general principle of good faith, although it does have an implicit or undisclosed principle of that sort. 2026-05-19T07:44:48Z 2026-05-19T07:44:48Z 2001 2026-05-19T07:41:25Z Thesis / Dissertation Masters LLM http://hdl.handle.net/11427/43234 en eng application/pdf Department of Private Law Faculty of Law University of Cape Town |
| spellingShingle | South African law good faith Germany contract law German law Ringleben, Claas The role of good faith in contract law good faith and unfair contracts in South Africa and Germany-a comparative approach |
| thesis_degree_str | Master's |
| title | The role of good faith in contract law good faith and unfair contracts in South Africa and Germany-a comparative approach |
| title_full | The role of good faith in contract law good faith and unfair contracts in South Africa and Germany-a comparative approach |
| title_fullStr | The role of good faith in contract law good faith and unfair contracts in South Africa and Germany-a comparative approach |
| title_full_unstemmed | The role of good faith in contract law good faith and unfair contracts in South Africa and Germany-a comparative approach |
| title_short | The role of good faith in contract law good faith and unfair contracts in South Africa and Germany-a comparative approach |
| title_sort | role of good faith in contract law good faith and unfair contracts in south africa and germany a comparative approach |
| topic | South African law good faith Germany contract law German law |
| url | http://hdl.handle.net/11427/43234 |
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