The Role Of Good Faith Principle In Iranian Law And International Commercial Contracts (During Negotiation, Conclusion, Performance And Interpretation Of Contracts)
Subject Areas : commercial law
1 - Master of Private Law, Department of Law, Faculty of Literature and Humanities, Gilan University, Rasht, Iran.
Keywords: Good faith concept, Iranian law, Principles of International Commercial Contracts.,
Abstract :
Good faith principle, as one of the ethical principles, has a significant place in contract law. In our law, there is no separate article to observe good faith. However, by searching the provisions of various laws, especially insurance laws, and referring to them, we can infer a general rule for observing good faith in laws and make the parties to the contract obliged to observe it in all stages of the contract, including negotiation, conclusion, performance and interpretation. In fact, legal examples such as options, provisions regarding coercion and necessity, non-reliability of defects, deals of bankrupt merchants after acceptance, etc. can be considered as evidence of accepting this principle in Iranian law. On the other hand, according to Article 1-7 of the Principles of International Commercial Contracts, the parties must act in accordance with good faith and fair dealing. Therefore, the principle of good faith must be observed in all stages of the contract. The function of this rule can be seen in various provisions of these principles.
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