good faith in iranian law

Authors

ناصر کاتوزیان

استاد گروه حقوق خصوصی دانشکدۀ حقوق و علوم سیاسی دانشگاه تهران محمد هادی عباس زاده

دکتری حقوق خصوصی دانشکدۀ حقوق و علوم سیاسی دانشگاه تهران

abstract

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 faith and dishonesty of belief or purpose. good faith extends into the conclusion and performance of a contract. good faith defines in contract as just and honest conduct which should be expected of both parties in their dealing. good faith requires each party to stay fair and honest in their negotiations and while the contract is concluded. good faith performance of a contract emphasizes faithfulness to an agreed common purpose and it excludes bad faith.

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