The relation of the principle of good faith to the limiting and excluding circumstances of contractual liability

Abstract

The content of the article reflects the relationship of the principle of good faith withthe circumstances of maintaining and excluding contractual legal responsibility, its relevance andcontradiction. The reasoning in the research is guided by the extent, to which circumstances, thatfocus on the limitation of liability, will pass the general test of the principle of good faith. Attentionis focused on the consistency and relevance of the principle of good faith with the norms stipulatedin the contract during contracting. Also, on the correct interpretation of good faith as a general,somewhat abstract and undefined, so-called “open norm”. The study of the article mainly serves todiscuss the limiting and excluding circumstances of contractual liability in combination with theprinciple of good faith. For more clarity, specific examples are discussed, as well as excerpts fromjudicial practice, which determine the compatibility of the principle of good faith and limiting andexcluding circumstances of responsibility.