The principle of good faith in Italy and China

Abstract

The object of this dissertation is the analysis of the principle of good faith in general and of its application in Italian and in Chinese jurisprudence in particular. In the first chapter I started introducing a definition of the principle in general and according to the Italian legal system. I made a brief historical excursus of the principle of good faith, describing the distinction between subjective and objective good faith and its expanding process in Italy from 1865 to the contemporary legal system. I underlined the differences of the conception of the principle of good faith within common and civil law countries and analyzed its application in contracts, including all the stages of life of the contract, its formation, execution, modification, annulment or termination. In the second chapter I analyzed the notion of good faith in China, its introduction and development. I started analyzing the introduction of the general clause of good faith in China and how this principle has changed in Chinese perception becoming more and more important and widespread so that, since 1990s, has been defined as the “queen of the general clauses” (帝王 条款 diwangtiaokuan). Then I described the development in China of Contract Law and the importance of good faith according to this new law and its applications in contracts. In the last chapter I decided to make concrete examples of the violation of the principle of good faith analyzing different cases of non-fulfilment of duties from the parties of contracts between China and Italy.