2021

Marie Annik GRÉGOIRE, Tenured professor, Faculty of Law, University of Montreal, Good Faith in Legislation of Quebec

DOI: https://www.doi.org/10.31178/AUBD.2021.01

Abstract: During the Quebec-Romania bilateral days held as part of the celebrations of the 160th anniversary of the Faculty of Law of the University of Bucharest, the speakers were invited to present the state of the law in their respective jurisdictions based on the common French root. Good faith was codified in the French Civil Code in art. 1134 C.N., a codification that was not repeated until 1994 in Quebec. Despite this lack of codification, the courts, influenced by French doctrine, began to recognize the importance and the various components of the concept of good faith in contract as of the 1980s. This text explains the developments of good faith in Quebec law, as well as the limits to it.

Keywords: Good faith, information, loyalty, cooperation, hardship.


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