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Franchise Agreements and the Duty of Good Faith In European Civil Law
The “restrictive,” “adaptive” and “collateral” approaches to a duty of good faith ' which were discussed in Part One of this article last month ' can be found in differing combinations and degrees in most of the civil jurisdictions in the European Union (EU), despite the fact that some of them have very different historical perspectives and approaches to the concept of good faith. The two primary “families” of civil law in Europe are German and French, and each approaches the concept of good faith in a different way. Last month we took a look at the German system; now, we turn to the French.
Bonne Foi: The French Approach to Good Faith
In France, although the general concept of good faith, or bonne foi, is found in Article 1134 of the French Civil Code, until the last quarter of the 20th century, it was substantially limited by the judicial view that “if a person says something it is fair” (“Qui dit Contractuel dit juste“). (Other provisions of French law also contain notions of good faith.)
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