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Taking Counsel: Duty of Good Faith and Fairness: On the Rise in Judicial Evaluation of Late Payment Penalties?

Jul 16, 2008
By Martins Mezinskis [Kronbergs & Cukste]

Section 1 of the Latvian Civil Law enunciates the general principle that rights are to be exercised and duties performed in good faith. ‘In good faith’ is also taken to mean ‘in fairness.’ Since the restoration of Latvian statehood, this principle of civil law has often been cited but relatively rarely used in practice. The gradual development of Latvian jurisprudence has however brought with it a tendency to more frequently invoke a duty of good faith or fairness. A trend toward giving it life ...


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