مدى انسحاب و دور مبدأ حسن النية على مراحل ما قبل و أثناء و بعد تنفيذ العقود المدنية : دراسة تحليلية

الملخص EN

The principle of good faith is one of the important legal principles that cannot be denied or overlooked for its existence and performance in the law.

However, we find many legislations that have included this principle in its texts, whereby the contracting parties are obligated to observe it when implementing the contract, and prohibit every act or leave inconsistent with it, and in the event of a dispute between the contractors, the legislation has granted the judiciary authority to resolve it, according to good faith to achieve balance between the contractual parties and restore justice between them.

However, legislations did not address the issue of implementing the principle of good faith before concluding the contract, and in the process of interpreting it.

Hence, the research question is to what extent the principle of good faith is applicable in contract negotiations.

Furthermore, is the principle of good faith applicable in contract closure, as well as contract interpretation in the event of a dispute arising over the meaning of the terms of the contract or one of its clauses, especially since the law has explicitly stated that the executing contracts must be done in good faith.