00:00Topic: Good faith in the performance of the contract. Fact: A distributor is bound by a contract with a supplier.
00:06Economic conditions are changing and making the distributor's business particularly difficult. The supplier refuses to adapt its behavior.
00:13Legal issue. Does the obligation of good faith require the party to cooperate in the performance of the contract?
00:18?
00:18Solution. The Court sanctions the supplier's conduct. Good faith requires the party to act fairly in its performance.
00:25of their commitments.
00:26Scope. The ruling is important because it shows that the binding force of a contract does not mean that every
00:31party may act in a purely selfish manner.
00:33Good faith may require a certain degree of cooperation. Today, Article 1104 of the Civil Code stipulates that contracts
00:40must be negotiated, formed and executed in good faith.