مبدأ حسن النية في مرحلة التفاوض وفقا لأحكام الأمر 2016-131 المعدل للقانون المدني الفرنسي

الملخص EN

The negotiation phase is considered as a new phase that has been created under the recent amendment of the French Civil Code.

In order to achieve its objectives, this phase must be accompanied by sufficient safeguards to instill confidence between the contractors, and this can be realized only by enshrining what is called the principle of good faith, which is a principle known since ancient times in contractual relations; its origins go back to the Roman law and was thereafter transferred to the modern French civil code.

Before the amendment, its application was limited to the stage of implementation only, but after the stage of negotiation was developed, the legislator decided to withdraw it at this stage and to make it one of the pillars upon which it is based, because in case of its absence, it would be impossible to achieve the objectives of the negotiations and to reach the final contract.