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 with
the circumstances of maintaining and excluding contractual legal responsibility, its relevance and
contradiction. The reasoning in the research is guided by the extent, to which circumstances, that
focus on the limitation of liability, will pass the general test of the principle of good faith. Attention
is focused on the consistency and relevance of the principle of good faith with the norms stipulated
in 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 to
discuss the limiting and excluding circumstances of contractual liability in combination with the
principle of good faith. For more clarity, specific examples are discussed, as well as excerpts from
judicial practice, which determine the compatibility of the principle of good faith and limiting and
excluding circumstances of responsibility.