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RCHDP

SUPPLEMENTARY FUNCTION OF CONTRACTUAL GOOD FAITH AND DERIVED DUTIES OF CONDUCT. AN ANALYSIS IN THE LIGHT OF MODERN CONTRACT LAW

Authors

Sebastián Campos Micin
Universidad de Chile

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Abstract

This article, after identifying and referring to the institutional functions performed by contractual good faith, focus on the supplementary function and the derived duties of conduct. The first part of the work is devoted to the discussion regarding the disadvantages and disadvantages of recognizing a supplementary function to good faith. The second part, bearing in mind the content of various harmonization instruments, presents a non-exhaustive catalog of duties of conduct that could derive from the supplementary function attributed to good faith, making reference to its current or potential recognition in Chile.

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