مبدأ حسن النية كمعيار لحماية التعاقد

Abstract EN

Talking about a moral principle in the field of law is very important because it talks about the morality of legal rules and the unit of measurement of moralityby law differs “the moral rule is the pillar of the legal rule” and the principle of good faith in contracting combines moral and legal duty and it is imperative as the Algerian legislator stated in legalization, This is to protect the contract The principle of good faith plays a major role in the contract, when it is established or implemented, and it also allows the judge to intervene when there is an imbalance in the contract as a criterion for the protection of the contracting parties, so the law derives its content from the circumstances surrounding the contract and the contracting parties.

The position reached by the principle of good faith in the modern theory of the contract made it one of the most prominent manifestations of the judge's intervention to draw the boundaries of the contractual relationship, in order to frighten the strictness of some legal texts whose application violates the spirit of justice.