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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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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“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 rule of necessity to respect the principle of good faith in performance of the contract is the result of :union: rights and ethics. good faith in performance of the contract with subjective and objective criteria and using cost-benefit analysis, wealth maximization, game theory, efficiency and welfare standards, leading to the achievement of the objectives set by the parties of contract. la...
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The principle of good faith is an important guideline for contractual behaviour that permeates civil law systems. This paper examines how this principle is applied during the negotiation stage of a contract. Select examples from civil law literature of precontractual duties of good faith, and of precontractual behaviour that is deemed to be contrary to good faith, are discussed. This is followe...
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ژورنال
عنوان ژورنال: International Journal of Law, Government and Communication
سال: 2020
ISSN: 0128-1763
DOI: 10.35631/ijlgc.519009