أثر مبدأ حسن النية في إنهاء عقود المدة : دراسة تحليلية مقارنة

الملخص EN

The principle of good faith is a stable and established moral principle, which must prevail in all contractual relationships, from negotiation through to conclusion and implementation and ending with the stage of contract termination.

Civil Codes in many countries have taken it from Roman law.

The principle of good faith in the field of contracts means that each of the parties to the contractual relationship must be honest, trustworthy and ethical, and not contradict in his actions, and so that he is responsible for compensating the damages caused to the other party as a result of acting in bad faith.

However, the Egyptian legislator limits the principle of good faith in contracts to the stage of contract implementation only, as was stipulated in Article (148) of the Civil Code, in contrast to the French legislator who generalizes this principle with a binding manner to stages: negotiation, conclusion, and implementation, as stipulated in Article (1104) of the Civil Code, and in other French Codes.

Despite the interest of many legislators to stipulate the principle of good faith, they did not specifically provide for this principle at the stage of termination of fixed-term contracts, specifically those contracts that include agreement sanctions, such as resolutory clause and agreement compensation or as it is called the “penalty clause”, as well as those which are based on work, such as the employment contract and the agency contract; The principle of good faith appears clearly at this stage, so that each party must terminate the contract- whenever it wants- in good faith, in addition to adhering to the legal controls stipulated in this regard.

The principle of good faith, as required with binding in the stages of negotiation, conclusion and implementation of the contract; It is also required with equally important at the stage of termination of fixed-term contracts; Just as entering into contractual relations requires goodwill on both sides; The dissolution of them also requires both parties to show this.

This paper examines the impact of the principle of good faith in the phase of termination of fixed-term contracts in the Egyptian Civil Code, compared to the French Civil Code, and other laws, such as: Civil Code of Quebec.