Treu und Glauben im spanischen Vertragsrecht

On a European level, the principle of good faith has received much attention lately. Despite its roots in Roman Law it is generally regarded as an achievement of German jurisprudence which had a major impact on the development of other jurisdictions. In this work, the author shows that this also applies to the Spanish law of contract, where »Treu und Glauben« as laid down in § 242 of the German civil code was eagerly received by 20th century Spanish legal scholars to complement the Spanish code of 1889. This confirms the approach taken by European legal science, which implements good faith as one of the foundations of European contract law.