فاعلية مبدأ حسن النية في اتفاقية فينا عام 1980(CISG)‎ : دراسة تحليلية

Abstract EN

This research is about the concept of " Good Faith" in the United Nations Convention for the Sale of Goods 1980 (CISG).

The concept of the principle of Good Faith has sparked a controversy about it's function in the domain of the application of the contracts under the (CISG).

Some of the jurists argued that the role of the principle of Good Faith is limited to the interpretation of the provision of the convention itself, while others thought that the role of the principle is broader than that , and it extends to govern the legal relationships between the parties of the contracts under the convention.

This research will discuss the explicit incorporation of the principle in paragraph (1) of Article 7 of the (CISG), and will clarify the reasonable reasons for arbitral tribunal and judges to deal with the principle with its broader framework, and apply it on all the conflicts which may be raised between the parties of the contracts under the convention.