Les critères de la raison et de l’équité en droit néerlandais:tenants et aboutissants ; The Criteria of Reasonableness and Fairness in Dutch Law:Origins and Implications

Since the introduction of the new Dutch Civil Code in 1992, the applica­tion of the open norm of good faith has experienced significant growth in Dutch contract law. While the general concept of"good faith" has been retained in prop­erty law, it has been replaced by an open norm referring to the "criteria of reason­ableness and fairness"* in contract law. This article aims to trace the ins and outs of contractual good faith in Dutch civil law over the past thirty years. It is partic­ularly fascinating to observe how the open norm has managed to assert its influence in various areas of contract... Mehr ...