Alive and Well: The Good Faith Principle in Turkish Contract Law
نویسندگان
چکیده
منابع مشابه
function of good faith in contract law
good faith in a total categorization of the term, has classified to protective and obligatory. the obligatory aspect of good faith relates to contract law that implies correct behaviour, honesty and respect to others trust and interest. in this conception of the term, good faith implies action or disaction from the parties as a behavioural rule. the morality of the good faith denotes to the fac...
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“good faith” as one of the ethical rules has found an important position in contract law. in many countries, good faith is regarded as a mandatory rule to be respected in formation, performance and interpretation of contracts. good faith is a fundamental principle in almost all civil law countries. this article deals only with good faith in formation of contract. the duty to observe good faith ...
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the good faith, on one hand, is a familiar word and, on the other hand, is a complicated concept that there is no specified definition for it in the legal field. this ethical institution which has been recommended permanently by the divine friends, nowadays, plays essential role in the positive law. in english law, although some authors accept the good faith in the performance of contracts as a...
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good faith is a flexible and subjective phrase. it is used in a variety of contexts and its meaning varies in these contexts. in ownership, possession in good faith means possession of property by a person who in good faith does not know that the property's ownership is disputed. possessor believes actually and reasonably himself or herself to be the lawful occupant, otherwise he is in bad...
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This paper examines how the civil law principle of good faith and the common law notion of fair dealing apply during the performance of contracts. After a brief look at their application in the precontractual stage, there is an examination of the notion of good faith and fair dealing in contract performance. Reference is made to the duty of the parties to act loyally and to co-operate during th...
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ژورنال
عنوان ژورنال: SSRN Electronic Journal
سال: 2014
ISSN: 1556-5068
DOI: 10.2139/ssrn.2483685