Die Verkehrssitte im § 242 BGB: Konzeption und Anwendung seit 1900

Nadia Al-Shamari studies the prevailing practice in paragraph 242 of the German Civil Code, in whose official heading of 2002 mention is made of »performance in good faith«. However in the wording of this rule there is no mention of the fact that the »performance« is to comply with good faith. The regulation pertains only to the way the performance is brought about. This should also not only comply with the concept of good faith but with the concept of what »good faith demands in consideration of prevailing practice«. Nadia Al-Shamari studies the conception of paragraph 242 of the German Civil Code according to the authors of the Civil Code, and in doing so she underscores the significance of prevailing practice and compares this with the actual role of prevailing practice after 1900.