Good faith as a basis of the precontractual duties of behaviour, an European doctrine in construction

Abstract

The juridical classi?cation recognizes or it admits that the private
autonomy is the starting point and conformation of the contract, but not
until the point of considering that, the preliminary negotiations allow
this way the concretion of a contract, this he has an own, or autonomous
system that this subject to the terms included in the contractual text. On
the contrary the general rules of the game continue being the established
ones for the normative mark in their combined one and therefore they
share a necessary adaptation of the contractual agreement (lex privata)
to the same ones. Thus, the principle in good faith becomes present, it
extends of equal form, in the content of eticidad of each act that should
be examined by the light of the particular circumstances, addressing
the human behaviors and especially the acts and contracts that govern
the coexistence, in such a way that these general prescriptions, will always be applied, not only to the contractual agreement, but also they
will also be called to govern the whole process of formation, as that of
improvement and execution.