There isn’t good faith without interests: good faith in legal procedure and the duties of veracity, completeness and collaboration

Abstract

This paper is intended to approach the legitimacy of the duty of veracity, completeness and collaboration in the civil procedure, as legal duties derived from procedural good faith, together with delineating the most relevant aspects of this notion. The author intends to justify why it isn’t convenient to establish positive duties of conduct for a civil procedure that is respectful of rights and interests of citizens under procedural good faith. Finally, it is concluded that the true throne of procedural good faith is supposed to be substituted by the prohibition of bad faith performances, discarding the imposition of positive performance duties for litigators.