Good faith occupies a central place in Quebec civil law, constituting a fundamental principle which influences and governs the interpretation and application of numerous legal provisions. Concretely, it manifests itself through two main dimensions: as a rule of conduct and as a criterion of interpretation.
Good faith as a rule of conduct
In contractual relationships, good faith acts as both a behavioral requirement with respect to the parties during the formation, execution, and resolution of the contract. It requires parties to act with honesty, loyalty and in a manner that does not unduly harm the interests of the other party. This requirement of good faith is reflected in various aspects of the law of obligations, such as contractual negotiation, the exercise of contractual rights and the manner of fulfilling obligations.
Good faith as a criterion of interpretation
Beyond its role in the conduct of the parties, good faith also serves as a guiding principle for the interpretation of contracts and legal obligations. It guides courts in investigating the intention of the parties and in the fair application of contractual provisions, ensuring that rights and obligations are exercised in a manner that respects the legitimate expectations of the parties.
The application of good faith in specific situations
In consumer contracts: Good faith is of particular importance, with legislators and courts seeking to protect consumers against unfair commercial practices and to ensure fairness in transactions.
In matters of civil liability: Good faith influences the assessment of fault and can mitigate or aggravate the liability of the parties depending on their behavior before, during and after the occurrence of the damage.
In the exercise of real rights: Good faith plays a role in the possession and acquisition of rights over property, where it can condition the acquisition of ownership or other real rights.
Jurisprudence as a vector for the evolution of the notion of good faith
Quebec jurisprudence has contributed to the evolution and precision of the notion of good faith, adapting it to the changing circumstances of society and the needs for justice between the parties. Court decisions illustrate the flexibility of good faith and its ability to adapt to a variety of legal situations, thereby reinforcing its status as an underlying principle in Quebec civil law.
In conclusion, good faith constitutes a pillar of Quebec civil law, influencing both the conduct of the parties and the interpretation of legal norms. Its scope and application are broad, reflecting the importance of fairness, loyalty and trust in legal relationships.