good faith in contracts: from theory to practice a comparative study in common law
نویسندگان
چکیده
the good faith and fair dealing jurisprudence in contracts has due influences not only in civil law but also in common law, particularly in united states: in uniform commercial code (ucc), restatement 2nd on contracts and it’s judicial precedent. meanwhile the definitions and scope of good faith, the fields of adoption and enforcement of it in common law defers from case law. development of this jurisprudence, determination of it’s instances, applicability and effects on contracts, has some adherences and adversaries, which of them discuss about it, with a different viewpoints and their own arguments. the purpose of this paper is to delineate legal and judicial status of the topic, legal reasoning of the opinions, acceptability and practical effects of it in case law.
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عنوان ژورنال:
مجله مطالعات حقوق تطبیقیجلد ۲، شماره ۲، صفحات ۲۳-۴۳
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