Good faith in the various stages of the contract

Abstract

This research work examines the impact of the principle of good faith on the various contractual stages. Good faith is a cardinal principle of civil law; therefore, in accordance with the provisions of the Paraguayan Civil Code, it operates from pre-contractual treatments to the so-called post-contractual stage. The pre-contractual stage is not exempt from the principle, as the parties must adjust their behaviour to an objective legal standard; also, during the stages of formation and performance of the contract, the parties must behave in good faith, for which they must observe the secondary duties arising from the principle. However, while there is a discrepancy in the doctrine, the fact that after the conclusion of the contract the parties remain compelled to observe probing behavior with each other, which is known as the post-contractual stage, cannot be overlooked. The methodology used in the work was descriptively available bibliographic documentary analysis.