What Is The Rule Of Good Faith And Honesty?
A confusion frequently encountered in practice has also left its mark on this issue: Subjective good faith, i.e. good faith, and objective good faith, i.e. the rule of honesty, are often confused. In the CC No. 4721, the regulation on these is as follows:
“I. Honest behavior/ Article 2 – Everyone is obliged to comply with the rules of honesty when exercising his rights and fulfilling his obligations./ The legal order does not protect the flagrant abuse of a right.
II. Good faith/ Article 3- In cases where the law attributes a legal consequence to good faith, the existence of good faith is essential./ However, a person who fails to exercise due diligence according to the requirements of the situation cannot claim good faith.”
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