فاعلية مبدأ حسن النية في تنويع الحلول لمواجهة تداعيات جائحة كورونا على تنفيذ العقد

Abstract EN

This research aims to highlight the effectiveness of the principle of goodwill as an essential element in the modern theory of the contract, based on the principle of binding force of the contract, which is derived from contractual freedom, so the contract is implemented in accordance with it and in good faith, but the emergence of the Corona pandemic has affected the implementation of contractual obligations, either by the impossibility of implementing the contract or by causing an overwork in the implementation to one of the contractors, the Corona pandemic raise the problematic of the stability of transactions and what solutions can be implemented within the framework of the general theory of the contract to maintain the contract and achieve the goal of concluding it.

From this standpoint, the flexibility and effectiveness of the principle of goodwill in containing the repercussions of the Corona pandemic on the implementation of the contract appears through the diversity of solutions it proposes to confront the effects of the pandemic on the contract