OF THE GOOD CONTRACTUAL FAITH IN SPANISH LAW


The Spanish Civil Code stablishes:


Article 7. "Rights must be exercised in accordance with the requirements of good faith."


Article 1258. “The contracts are perfected by mere consent, and since then they oblige, not only to the fulfillment of what is expressly agreed, but also to all the consequences that, according to their nature, are in accordance with good faith, use and law."


To the good contractual faith precisely refers the following Judgment of the Supreme Court dated July 12th, 2002, in its Civil Chamber:


"The good faith referred to in article 1.258 CC is an objective concept of honest, fair, loyal behavior that operates in intimate relationship with a series of principles that social conscience considers necessary, although they have not been formulated by the legislator, nor established by custom or contract (Judgment of September 22nd, 1997). "


Therefore, from the application of the principle of good faith it follows that the parties are bound not only to what they express literally, but also to their natural consequences, so that the duty to act in an appropriate and diligent manner is imposed to give the contract fulfilled effectiveness in order to obtain the proposed purposes.




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