Interpretation and Content of the Duty to Cooperate Principle in the Modern Contract Law (article in Lithuanian)

Evaldas Klimas, Vidmantas Jurgaitis

Abstract


The authors of the present article analyze the principle of the duty to cooperate. Firstly, the authors focus on the analysis of the relation of the duty to cooperate principle with other principles such as the fundamental principle of good faith, pacta sunt servanda, the freedom of contracts, etc. Further, the rules of the implementation and interpretation of the duty to cooperate are analyzed. The following sources of law are examined: the UNIDROIT Principles of International Commercial Contracts, the Principles of European Contract Law, the Draft Common Frame of Reference prepared by the Study Group on a European Civil Code and the Research Group on EC Private Law (Acquis Group), the Civil Code of the Republic of Lithuania, the judgements of The Supreme Court of Lithuania, etc. The relational contract theory made the major impact on the development of this principle in the modern contract law. The duty to cooperate (as a common principle of contract law) rises from the principles of good faith, common sense; the duty to cooperate has also a tight relation with the principle of pacta sunt servanda. Nevertheless, the duty to cooperate cannot be considered as the expression of these principles only.

Keywords


the principle of the duty to cooperate; contract law theory; discrete contracts; relational contracts

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"Societal studies" ISSN online 2029-2244 / ISSN print 2029-2236