The legal principle of honourable dealing-an implied term ? : a comparative historical study of Kuwaiti civil code and English law
Other Title(s)
القيمة القانونية لمبدأ شرف التعامل في القانون المدني : دراسة تحليلية تاريخية مقارنه بين القانون المدني الكويتي و القانون الإنجليزي
Author
al-Majid, Bashair Yusuf Abd al-Aziz
Source
Issue
Vol. 17, Issue 2 (31 Dec. 2020), pp.316-364, 49 p.
Publisher
University of Bahrain Deanship of Graduate Studies and Scientific Research
Publication Date
2020-12-31
Country of Publication
Bahrain
No. of Pages
49
Main Subjects
Abstract EN
A duty to perform one’s legal obligations in an honourable way should be a legal norm.
Without a moral core, the law loses its validity.
Kuwaiti Civil Law, with its French and Islamic roots, readily accepts this premise, both explicitly and implicitly.
English law, however, has a long-standing antipathy to any requirement of moral obligations and good faith in parties’ dealings, supposedly due to the need for contractual autonomy and commercial certainty.
This paper explores this position and contends that, historically, the use of a ‘gentleman’s agreement’ meant that contracts were less formal, with no need to interpret an implied term of honourable dealing.
However, this is changing, especially in relational contracts, meaning that English law and Kuwaiti Civil Law are now drawing closer.
The explosion of electronic contracts, however, is a challenge for the concept of honourable dealing, in both countries.
American Psychological Association (APA)
al-Majid, Bashair Yusuf Abd al-Aziz. 2020. The legal principle of honourable dealing-an implied term ? : a comparative historical study of Kuwaiti civil code and English law. Journal of Law،Vol. 17, no. 2, pp.316-364.
https://search.emarefa.net/detail/BIM-1257484
Modern Language Association (MLA)
al-Majid, Bashair Yusuf Abd al-Aziz. The legal principle of honourable dealing-an implied term ? : a comparative historical study of Kuwaiti civil code and English law. Journal of Law Vol. 17, no. 2 (2020), pp.316-364.
https://search.emarefa.net/detail/BIM-1257484
American Medical Association (AMA)
al-Majid, Bashair Yusuf Abd al-Aziz. The legal principle of honourable dealing-an implied term ? : a comparative historical study of Kuwaiti civil code and English law. Journal of Law. 2020. Vol. 17, no. 2, pp.316-364.
https://search.emarefa.net/detail/BIM-1257484
Data Type
Journal Articles
Language
English
Notes
Includes bibliographical references : p. 357-364
Record ID
BIM-1257484