The Controlling Role of Objective Good Faith in Contractual Interpretation: Brief analysis in the light of the Brazilian and Portuguese systems

08/07/2020

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Article Abstract:

This study aims to analyze the role of control exercised by objective good faith, through the examination of typical treatments conceived by doctrine, assessing their operability and acceptance in the practice of courts, from the perspective of the Luso-Brazilian system, for controlling acts deemed as impermissible exercises of subjective rights. To this end, it employs as a starting point several doctrines conceived in this regard, such as "venire contra factum proprium", "exceptio doli", "suppressio", "surrectio", "tu quoque", and "duty to mitigate the loss".

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