Wieling, H. J. (1994). Venire contra factum proprium e colpa verso se stesso, Translation to Italian from the Original Version in German, Venire contra factum proprium und Verschulden gegen sich selbst (1994), Rocco Favale, in Rassegna di Diritto Civile.

has been cited by the following article:

• TITLE: Opt-Out Clause Is Not a Blank Check under Good Faith Lens

  AUTHORS: Gabriel Soares dos Santos Machado

  KEYWORDS: Contract Breach, Good Faith, Damages

  JOURNAL NAME: Beijing Law Review, Vol.10 No.4, September 25, 2019

  ABSTRACT: This paper is a case study of the final decision taken in the case M & F × Bank Santander, et al. (RE n°1.555.202-SP/Brazilian Superior Court of Justice). It intends to answer two questions: whether it is reasonable to repudiate—as the Court did—the termination written clause of the contract signed by the Parties in the light of good-faith principle; and, assuming Bank Santander violated such principle when trying to terminate the contract, what the proper remedy due is. Our findings demonstrate that the Court did a good job by repudiating the termination written clause on good-faith grounds, but failed to stipulate a correct indemnity.